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Hitting the clubs hard this summer with a solid new crew. Taking ?s ITT

Most of my old crew from the 2012-era aged out or went back ...
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  04/20/23
Conscription in South Korea Article Talk Language Watch ...
Clear tattoo
  07/31/23
Conscription in South Korea Article Talk Language Watch ...
Clear tattoo
  07/31/23
Conscription in South Korea Article Talk Language Watch ...
Clear tattoo
  07/31/23
Conscription in South Korea Article Talk Language Watch ...
Clear tattoo
  07/31/23
Conscription in South Korea Article Talk Language Watch ...
Clear tattoo
  07/31/23
Conscription in South Korea Article Talk Language Watch ...
Clear tattoo
  07/31/23
Conscription in South Korea Article Talk Language Watch ...
Clear tattoo
  07/31/23
Conscription in South Korea Article Talk Language Watch ...
Clear tattoo
  07/31/23
Conscription in South Korea Article Talk Language Watch ...
Clear tattoo
  07/31/23
Conscription in South Korea Article Talk Language Watch ...
Clear tattoo
  07/31/23
Conscription in South Korea Article Talk Language Watch ...
Clear tattoo
  07/31/23
Conscription in South Korea Article Talk Language Watch ...
Clear tattoo
  07/31/23
Conscription in South Korea Article Talk Language Watch ...
Clear tattoo
  07/31/23
Conscription in South Korea Article Talk Language Watch ...
Clear tattoo
  07/31/23
Conscription in South Korea Article Talk Language Watch ...
Clear tattoo
  07/31/23
Conscription in South Korea Article Talk Language Watch ...
Clear tattoo
  07/31/23
Conscription in South Korea Article Talk Language Watch ...
Clear tattoo
  07/31/23
Conscription in South Korea Article Talk Language Watch ...
Clear tattoo
  07/31/23
Conscription in South Korea Article Talk Language Watch ...
Clear tattoo
  07/31/23
Conscription in South Korea Article Talk Language Watch ...
Clear tattoo
  07/31/23
Conscription in South Korea Article Talk Language Watch ...
Clear tattoo
  07/31/23
Conscription in South Korea Article Talk Language Watch ...
Clear tattoo
  07/31/23
Conscription in South Korea Article Talk Language Watch ...
Clear tattoo
  07/31/23
Conscription in South Korea Article Talk Language Watch ...
Clear tattoo
  07/31/23
Conscription in South Korea Article Talk Language Watch ...
Clear tattoo
  07/31/23
Conscription in South Korea Article Talk Language Watch ...
Clear tattoo
  07/31/23
Conscription in South Korea Article Talk Language Watch ...
Clear tattoo
  07/31/23
Conscription in South Korea Article Talk Language Watch ...
Clear tattoo
  07/31/23
Conscription in South Korea Article Talk Language Watch ...
Clear tattoo
  07/31/23
Conscription in South Korea Article Talk Language Watch ...
Clear tattoo
  07/31/23
Conscription in South Korea Article Talk Language Watch ...
Clear tattoo
  07/31/23
Conscription in South Korea Article Talk Language Watch ...
Clear tattoo
  07/31/23
a korean american guy i work with was telling me korean club...
Disturbing Bronze Sandwich Center
  04/20/23
lol think about why that goof RSF with all his millions and ...
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  04/20/23
Conscription in South Korea Article Talk Language Watch Edit Con
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Conscription in South Korea Article Talk Language Watch ...
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Conscription in South Korea Article Talk Language Watch ...
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Conscription in South Korea Article Talk Language Watch ...
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  07/31/23
lol they won't let other races into the club because Korean ...
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  04/29/23
shitlib whites and shitskins whining DAS RACIST lmao fucking...
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Yeah I'm really upset I can't join your sausage fest and had...
Poppy Cruel-hearted Dragon Mood
  04/29/23
you sound like spacecuck. LOL@ your bitchmade ass even showi...
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I knew a black guy from Jackson Mississippi who had about 12...
Poppy Cruel-hearted Dragon Mood
  04/29/23
there was a time when this type of flame wouldve been **some...
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"All these foreigners keep telling me how easily they g...
Poppy Cruel-hearted Dragon Mood
  04/29/23
Conscription in South Korea Article Talk Language Watch ...
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  07/31/23
Conscription in South Korea Article Talk Language Watch ...
Clear tattoo
  07/31/23
“ Some Canadian dood told me he launched his jizz acro...
Mildly Autistic House Prole
  04/30/23
I mean I was in his apartment eating dinner or something. Th...
Poppy Cruel-hearted Dragon Mood
  04/30/23
Conscription in South Korea Article Talk Language Watch ...
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  07/31/23
Conscription in South Korea Article Talk Language Watch ...
Clear tattoo
  07/31/23
Conscription in South Korea Article Talk Language Watch ...
Clear tattoo
  07/31/23
Conscription in South Korea Article Talk Language Watch ...
Clear tattoo
  07/31/23
Conscription in South Korea Article Talk Language Watch ...
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Conscription in South Korea Article Talk Language Watch ...
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  07/31/23
is part of being a brand ambassador for airfluent?
Razzle lodge cumskin
  04/20/23
ive considered waiting at clubs actually, but it seems very ...
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  04/20/23
So one girl from last weekend is a legit 9 and seems DTF. Ju...
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Annual income, NW, and average cost of a night out?
irradiated milk people who are hurt
  04/20/23
Top 10%, less than 100k, total for table = 2k-5k, individual...
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  04/20/23
So you blow like 1-5% of your NW every weekend?
irradiated milk people who are hurt
  04/20/23
usually roll deep man. obv im not dropping 2k when i go out ...
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Let me rephrase then: What is YOUR average cost on a night o...
irradiated milk people who are hurt
  04/20/23
200-350 lounges a little cheaper
metal whorehouse bbw
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That's a lot
drab greedy black woman
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thats why broke ass foreigners cant compete with us alpha ga...
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It's three beers in the places he goes and fights like mad t...
Poppy Cruel-hearted Dragon Mood
  04/29/23
what's the point bro?
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cycle through as many 9s as i can while i still can man. im ...
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Conscription in South Korea Article Talk Language Watch ...
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  07/31/23
do you still put makeup on your acne scars or are they cool ...
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have never used makeup, but im beginning to look into skin c...
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did you just photoshop your face for pics or was there found...
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dont photoshop my pics - korean dudes notorious for this act...
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...
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It's 5 39-YO virgin incels and a 21-YO geek and nyuug is men...
irradiated milk people who are hurt
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half of my crew is ~40 Lol, also im not co 2007
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> Everyone UMC and single. He's also not UMC. Not on 1...
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  04/21/23
don’t you make like $50k a year?
Blathering Parlor
  04/20/23
u sound pretty mad that i have access to the best pussy in k...
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...
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funniest guy in this new crew is a 40 yr old nigga who appar...
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like a literal black nigga?
irradiated milk people who are hurt
  04/20/23
i only roll with koreans. i call everyone nigga
metal whorehouse bbw
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ok good, had me worried for a sec
irradiated milk people who are hurt
  04/20/23
not a fan of bug chicks
Blathering Parlor
  04/20/23
At 25 this would be fun and cool. At 40 it's pathetic.
Razzle-dazzle shrine rigor
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im enjoying the final few yrs of this i have left after 4...
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Aren't you like 36? LOL you're the old man in thr club Chri...
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starting to get there. the older guys in my crew constantly ...
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What are these venues?
primrose immigrant locale
  04/20/23
plenty of places to hunt outside of club. i dont spill trade...
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Lol. Ljl. Jfc. Also I thought u meant theres like a particul...
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clubs = mostly 18-20s lounges = 30s+ no specific MILF cl...
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Thought this was going to be a golfing thread
Hairraiser Stock Car
  04/20/23
...
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"hunted" jfc
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xoxo newfags dont even know that when i came out of retireme...
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So I finally gged (ONS) on Friday night, although I was luck...
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180 man, keep it up cause past 40 u will probably just stop ...
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  04/24/23
somewhat depressing because i thought i'd stay young forever...
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can u share how you talked up your friday ons for example
Curious umber den
  04/24/23
dude she was already drunk as hell from clubbing, there wasn...
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so are most of your scores jsut girls who are like the fem v...
Curious umber den
  04/24/23
overall my success rate is actually not that much lower than...
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You're expected to be doing something with your life over th...
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  04/29/23
looool whitey maddddd
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*45 year old NOWAG going to shitty clubs alone, spending his...
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  04/24/23
still lmaoing@ how badly korean alphas styled on you in seou...
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this kind of sounds like you're describing yourself
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titcream. the projection is hilarious
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Except i’m married, never went to clubs alone at any a...
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lol@ how seething in rage you are at me when ive literally d...
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Conscription in South Korea 11 languages Article Talk ...
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  09/09/25
Going HAM again tonight + rest of weekend, feeling HECKA PUM...
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  04/27/23
headin to the club in an hour or so. hopefully i get lucky a...
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  04/28/23
couldnt gg but rolling deep again tonight LETS FUCKING GO
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  04/29/23
do you compete against your own crew kinda?
Curious umber den
  04/29/23
no one pulls like i do, so i always take the lions share ...
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Heading over in a couple of hours. Gonna be a great hunt, I ...
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Smashed. Lol. She was on her period and for some reason w...
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  04/30/23
reading this made me gay
Curious umber den
  04/30/23
Not sure how I have the energy to go back to back to back at...
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pics?
Filthy Psychic
  04/30/23
...
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This reads like a parody
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  04/30/23
hottest girl from last night isnt checking her texts, which ...
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Conscription in South Korea Article Talk Language Watch ...
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  07/31/23
THREE-PEAT CONFIRMED. Heading over soon. Three nights in a r...
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got very, very close with 2-3 girls. couldnt gg tho. tabl...
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smashed a club girl from last nights hunt. came over and we ...
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Conscription in South Korea Article Talk Language Watch ...
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Aren’t you on Test? You’re all over this thread...
Mildly Autistic House Prole
  04/30/23
i did a 6 mo TRT cycle a couple years ago and i documented t...
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You were going insane about how amazing it was. No way you ...
Mildly Autistic House Prole
  04/30/23
literally quit cold turkey after 6 mos on. no PCTs, nothing....
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Can't decide which is funnier - you storming a nightclub wit...
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  04/30/23
fairly certain at least 5-10% of the girls are underage. you...
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Conscription in South Korea Article Talk Language Watch ...
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  07/31/23
Conscription in South Korea Article Talk Language Watch ...
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  07/31/23
Incredibly sad thread
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  05/01/23
another prospect im working from Sundays hunt is a 22 year o...
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  05/02/23
Conscription in South Korea Article Talk Language Watch ...
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  07/31/23
Prospects so far: 22 yr old model just texted me she sayi...
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Conscription in South Korea Article Talk Language Watch ...
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  07/31/23
going hard tonight bc tomorrow is a holiday HECKA PUMPED
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Last night was a giant flop Lol. But ended up going to nite ...
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  05/04/23
Conscription in South Korea Article Talk Language Watch ...
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  07/31/23
Conscription in South Korea Article Talk Language Watch ...
Clear tattoo
  07/31/23
Heading to the club in a couple. Got some old club buddie...
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  05/05/23
Spent most of last night focused on a 21 year old 9. Got a h...
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Let'$ fun
Naked gas station
  05/05/23
SUP Mainlining.
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Laugh so hard every time this gets bumped thinking about som...
Mildly Autistic House Prole
  05/05/23
...
Carmine Gay Wizard
  05/05/23
the club game has definitely changed, that much almost every...
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do you really abuse steroids
Carmine Gay Wizard
  05/05/23
i went on a 6 month TRT cycle a couple years ago. all docume...
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can i suck your dick? you can wear a condom if you're worrie...
Carmine Gay Wizard
  05/05/23
lmao
metal whorehouse bbw
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So last night was pretty epic. Fucked that one 21 year ol...
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  05/06/23
Meeting the 21 year old 9 again tonight. She lives far as...
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  05/07/23
Conscription in South Korea 11 languages Article Talk ...
sick love of her life
  09/09/25
Got drunk dialed early this morning by a club rat who I met ...
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  05/07/23
Club rat from April 1st hunt goes MIA for ~2 months, then sa...
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  05/10/23
This bitch canceled but another club rat from early last mon...
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  05/11/23
Lollercausting every time I casually check in to see nyuug t...
Mildly Autistic House Prole
  05/10/23
180 group of 40 year old korean men "hunting" at d...
Smoky talented business firm
  05/10/23
you know it!
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  05/10/23
180
Smoky talented business firm
  05/10/23
...
Sticky Police Squad
  05/11/23
Last night was a flop. Plus, apparently the 21 yr old I'm se...
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  05/13/23
Last night's hunt = huge flop. Got a handjob at my table,...
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  05/14/23
A legit 9 from last month who went MIA suddenly texting me a...
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  05/17/23
homosayswhat
Vigorous abode
  05/17/23
club rats are, by nature, flaky as fuck so im not getting to...
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Believe it or not folks, this morning at 6AM one of the club...
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  05/18/23
Surrealism as a service
Concupiscible lime office
  05/25/23
Alright guys, one of the 9s from last month who went MIA agr...
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  05/19/23
Couldn't smash last night but have a couple decent prospects...
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  05/19/23
Hello kitty NOWAG getting BRUTALLY NOWAGd by gross 5's. Sad!
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  05/25/23
Lollercausting HARD@ RSF mad as fuck im still models and bot...
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Okay so the 9 who agreed to sleepover last night actually ca...
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  05/20/23
You guys are not going to believe this but a club rat from E...
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  05/21/23
Wednesday hump. Two days until the next hunt! Awwww yeah.
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  05/23/23
So originally I was feeling pretty sick due to some kind of ...
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  05/25/23
this guy actually has SOLID advice: https://innerconfiden...
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Got close with a couple girls but couldn't gg last night. ...
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Rested last night. Been raining all day but idgaf. Going ...
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  05/27/23
why. whut is the fucking point dude. Once in a while sure. W...
Slate Mental Disorder Menage
  05/27/23
I've only recently gotten back into the club grind bc I have...
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  05/27/23
Hie thee to Tavarua.
Slate Mental Disorder Menage
  05/28/23
Explain. What's a kava ceremony?
Razzle-dazzle shrine rigor
  05/28/23
Kava ceremony is a way to show respect, welcome newcomers, o...
Slate Mental Disorder Menage
  06/01/23
Banned from tinder, nonstop NOWAG in the club, 0 youtube fol...
infuriating bearded laser beams
  05/28/23
Taking the summer to meet girls organically and will make a ...
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  05/28/23
LOL at being such a creep that you get reported and banned f...
infuriating bearded laser beams
  05/28/23
I'm pretty much a known figure in Gangnam. I'm not even brag...
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I have no doubt that you're "known" and mocked by ...
infuriating bearded laser beams
  05/28/23
I'm well-connected in the Gangnam scene, so you can make of ...
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  05/28/23
LOL you're a delusional creep
infuriating bearded laser beams
  05/28/23
I started clubbing in 2012. And that was when clubs were leg...
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  05/28/23
Why did you get banned?
Razzle-dazzle shrine rigor
  05/28/23
Many, many burned bridges. I'm a known figure on all apps in...
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  05/28/23
What's that mean though? Like were you sending lick messages...
Razzle-dazzle shrine rigor
  05/28/23
Don't stop
primrose immigrant locale
  05/27/23
My first club phase back in 2012-2014, I was going even hard...
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something to be proud of, to tell your children about
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  06/01/23
I myself am amazed I had the drive to go that hard. lol. Som...
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  06/01/23
What a wild night: a legit 20 year old - she claimed she ...
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  05/27/23
Ok so for whatever reason the 20 yr old 9 blocked me on Kaka...
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  05/28/23
Why do you get blocked? Are you aggressive/forward?
Razzle-dazzle shrine rigor
  05/28/23
The vast majority of girls you meet at the club, you won't f...
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  05/28/23
Yeah approaching chicks is 100% a numbers game. I was never ...
Razzle-dazzle shrine rigor
  05/28/23
Word. Back in the day I'd grind it out till the bitter end b...
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  05/28/23
Jfc I can barely make it to midnighf
Razzle-dazzle shrine rigor
  05/28/23
Back in the day I'd sometimes grind it out to 8-9am lol
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What does gg mean? Do you need a wingman who will smash t...
Razzle-dazzle shrine rigor
  05/28/23
GG = smash. A good wing will talk to the friends of the m...
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Does gg stand for something though? I understand it means to...
Razzle-dazzle shrine rigor
  05/28/23
its gamer lingo for "good game", which started in ...
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  05/28/23
Damn. I would approach and close with those chubbies. It ...
Razzle-dazzle shrine rigor
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lmao, never been to a gay bar. visited a lesbian bar in the ...
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It's the one place full of straight single women and but alm...
Razzle-dazzle shrine rigor
  05/28/23
...
electric point
  05/28/23
Ok, so one of the 9s who lives in a secondary city just made...
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  05/29/23
THURSDAY. HITTING UP THE CLUB TONIGHT. feelin HECKA PUMPE...
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  05/31/23
Ok last night was a total flop Lmao. Table was cheap bc i...
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  06/01/23
Going back to back tonight. I need to be in top-top shape Su...
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  06/01/23
EPIC HUNT. HOLY FUCKING SHIT. Met an 8 who spoke English ...
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  06/02/23
Conscription in South Korea Article Talk Language Watch ...
Clear tattoo
  07/31/23
Conscription in South Korea Article Talk Language Watch ...
Clear tattoo
  07/31/23
...
beady-eyed tank idiot
  06/03/23
Still basking in the afterglow while I cube this morning lol
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  06/04/23
Conscription in South Korea Article Talk Language Watch ...
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  07/31/23
OK SO tomorrow is a national holiday and I may or may not hi...
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  06/05/23
Japanese 9 texted me yesterday she landed safely, and it was...
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  06/07/23
TGIF! Hitting up the club tonight. SUPER PUMPED.
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  06/08/23
Got a girl to my home but she got cold feet last minute and ...
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  06/09/23
Conscription in South Korea Article Talk Language Watch ...
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  07/31/23
Going HARD this Friday. It's Wednesday and I am already pump...
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  06/13/23
Conscription in South Korea Article Talk Language Watch ...
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  07/31/23
FRIDAY HAM time. LFG.
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  06/16/23
just got done lifting. heading over soon. wish me luck, FRIE...
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  06/16/23
Conscription in South Korea Article Talk Language Watch ...
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  07/31/23
Got zero action at my table but pulled some legit stunners. ...
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  06/16/23
Conscription in South Korea Article Talk Language Watch ...
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  07/31/23
Conscription in South Korea Article Talk Language Watch ...
Clear tattoo
  07/31/23
Not sure if I'm going to go clubbing this weekend - fully bo...
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  06/20/23
Conscription in South Korea Article Talk Language Watch ...
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  07/31/23
https://youtu.be/jmdA1N4nag4
wild effete ratface
  06/20/23
Taking a break from clubbing this weekend: A new 21 yr ol...
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  06/23/23
Conscription in South Korea Article Talk Language Watch ...
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  07/31/23
No clubbing again this week. Fully booked - pension vacation...
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  06/28/23
Conscription in South Korea Article Talk Language Watch ...
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  07/31/23
Heading to the club this Friday. Feels good to be hunting ag...
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  07/02/23
getting over DAT WEDNESDAY HUMP, awww yeah
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  07/05/23
Conscription in South Korea Article Talk Language Watch ...
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  07/31/23
Conscription in South Korea Article Talk Language Watch ...
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  07/31/23
ONE DAY AWAY. LETS FUCKING GO.
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Conscription in South Korea Article Talk Language Watch ...
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  07/31/23
hitting up the club tonight for the first time in what seems...
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Poast new message in this thread



Reply Favorite

Date: April 20th, 2023 8:44 AM
Author: metal whorehouse bbw

Most of my old crew from the 2012-era aged out or went back to the states.

Had sporadic HAM periods with temp crews circa 2015-2017, 2019-up to covid, etc.

Recently hooked up with a bunch of fellow Korean-American bros, mix of 20s-30s, with my age being roughly median. Some don't speak Korean, most do. Everyone UMC and single. Solid crew of 6-7 bros who are committed to crushing Gangnam like I did back in the day.

Already hunted with them last weekend, and while they were mostly n00bs, I am now actively training them to become veteran hunters like myself so they can pass on the carnal arts and knowledge to the next generation of Korean-American hunters.

Going tomorrow night, and possibly back to back Sat. Taking any and all ?s ITT!



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46209358)



Reply Favorite

Date: July 31st, 2023 9:37 PM
Author: Clear tattoo

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46614216)



Reply Favorite

Date: April 20th, 2023 10:20 AM
Author: Disturbing Bronze Sandwich Center

a korean american guy i work with was telling me korean clubs are great, and that the good ones won't let in whites/blacks/southeast-asians. this makes sense, but would they let in (presumably hot) foreign women? also he claimed that in the clubs in busan at a certain hour of the night like every dude takes their shirt off and starts looking for fights. he called it 'busan hour' and it sounded 180. you ever see any shit like that or am i hallucinating?

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46209571)



Reply Favorite

Date: April 20th, 2023 10:39 AM
Author: metal whorehouse bbw

lol think about why that goof RSF with all his millions and supposed "korean connections" couldnt even step into a gangnam club lol

we are genghis spawn. we dont fuck around here nigga.

WGWAG clubs? patrilineal succession rule above all, my friend.

never been clubbing in busan. only club in gangnam.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46209675)



Reply Favorite

Date: July 31st, 2023 9:44 PM
Author: Clear tattoo
Subject: Conscription in South Korea Article Talk Language Watch Edit Con

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46614220)



Reply Favorite

Date: July 31st, 2023 9:50 PM
Author: Clear tattoo

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46614274)



Reply Favorite

Date: July 31st, 2023 9:51 PM
Author: Clear tattoo

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46614281)



Reply Favorite

Date: April 29th, 2023 1:37 AM
Author: Poppy Cruel-hearted Dragon Mood

lol they won't let other races into the club because Korean men can't handle the competition. But why is whitey going to some sweaty ass club? There are a shitload of women's universities in Seoul with upscale bars and shit nearby and they have no problem with white men dropping in. I can't remember if it's Seoul Women's University or Ehwa, but one of them has a nice neighborhood with lots of nightlife where you can chill and have a conversation.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46250871)



Reply Favorite

Date: April 29th, 2023 1:39 AM
Author: metal whorehouse bbw

shitlib whites and shitskins whining DAS RACIST lmao fucking third world turds

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46250875)



Reply Favorite

Date: April 29th, 2023 1:42 AM
Author: Poppy Cruel-hearted Dragon Mood

Yeah I'm really upset I can't join your sausage fest and had to pass my time in Seoul in bars that were 90% female where you would have no reason to be. Enjoy "Gangnam," to me it was just another train station.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46250878)



Reply Favorite

Date: April 29th, 2023 1:48 AM
Author: metal whorehouse bbw

you sound like spacecuck. LOL@ your bitchmade ass even showing up ITT

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46250885)



Reply Favorite

Date: April 29th, 2023 1:50 AM
Author: Poppy Cruel-hearted Dragon Mood

I knew a black guy from Jackson Mississippi who had about 12 different bitches he was fucking in different cities across the country. Dood was always getting on the train. Foreigners pull all these bitches who hate their dads. The educated ones all want to get out so they can have careers past age 29. It's the only country where I think it's possible I was raped by a woman, insofar as my dick was already pretty sore at that point. Some Canadian dood told me he launched his jizz across the room while fucking this girl, while she was sitting right there next to him.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46250887)



Reply Favorite

Date: April 29th, 2023 2:32 AM
Author: metal whorehouse bbw

there was a time when this type of flame wouldve been **somewhat** taken at face value by me.

now im such a veteran hunter that when i hear this kind of laughable garbage from foreigners i just lol. for many reasons lol.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46250929)



Reply Favorite

Date: April 29th, 2023 2:36 AM
Author: Poppy Cruel-hearted Dragon Mood

"All these foreigners keep telling me how easily they get laid, but as a Korean man I know they're all lying."

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46250932)



Reply Favorite

Date: July 31st, 2023 9:45 PM
Author: Clear tattoo

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46614231)



Reply Favorite

Date: April 30th, 2023 7:27 AM
Author: Mildly Autistic House Prole

“ Some Canadian dood told me he launched his jizz across the room while fucking this girl, while she was sitting right there next to him.”

Huh?

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46253546)



Reply Favorite

Date: April 30th, 2023 11:37 PM
Author: Poppy Cruel-hearted Dragon Mood

I mean I was in his apartment eating dinner or something. The gf was there in the room while he was telling me the story.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46256378)



Reply Favorite

Date: July 31st, 2023 9:45 PM
Author: Clear tattoo

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46614217)



Reply Favorite

Date: April 20th, 2023 10:22 AM
Author: Razzle lodge cumskin

is part of being a brand ambassador for airfluent?

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46209581)



Reply Favorite

Date: April 20th, 2023 10:40 AM
Author: metal whorehouse bbw

ive considered waiting at clubs actually, but it seems very unstable

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46209683)



Reply Favorite

Date: April 20th, 2023 5:05 PM
Author: metal whorehouse bbw

So one girl from last weekend is a legit 9 and seems DTF. Just gotta play my cards right and almost guaranteed gg.

Lmao slowly building up a club rat harem again. Awwwww yeah.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46211344)



Reply Favorite

Date: April 20th, 2023 5:06 PM
Author: irradiated milk people who are hurt

Annual income, NW, and average cost of a night out?

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46211354)



Reply Favorite

Date: April 20th, 2023 5:10 PM
Author: metal whorehouse bbw

Top 10%, less than 100k, total for table = 2k-5k, individual cost depends on how many im rolling with



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46211371)



Reply Favorite

Date: April 20th, 2023 5:11 PM
Author: irradiated milk people who are hurt

So you blow like 1-5% of your NW every weekend?

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46211379)



Reply Favorite

Date: April 20th, 2023 5:12 PM
Author: metal whorehouse bbw

usually roll deep man. obv im not dropping 2k when i go out thats ridiculous

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46211384)



Reply Favorite

Date: April 20th, 2023 5:13 PM
Author: irradiated milk people who are hurt

Let me rephrase then: What is YOUR average cost on a night out?

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46211389)



Reply Favorite

Date: April 20th, 2023 5:14 PM
Author: metal whorehouse bbw

200-350

lounges a little cheaper



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46211394)



Reply Favorite

Date: April 20th, 2023 9:01 PM
Author: drab greedy black woman

That's a lot

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46212064)



Reply Favorite

Date: April 20th, 2023 11:46 PM
Author: metal whorehouse bbw

thats why broke ass foreigners cant compete with us alpha gangnam bros and stay in our ethnic ghetto Shitaewon

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46212589)



Reply Favorite

Date: April 29th, 2023 1:45 AM
Author: Poppy Cruel-hearted Dragon Mood

It's three beers in the places he goes and fights like mad to get one girl's attention. They charge extra to for the privilege of not having to compete with foreigners. If a regular Korean guys goes into a regular Korean bar anywhere else he's going home alone, whereas whitey who stops in to get a bottle of Hite is getting introduced to people.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46250881)



Reply Favorite

Date: April 20th, 2023 5:09 PM
Author: Saffron athletic conference

what's the point bro?

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46211368)



Reply Favorite

Date: April 20th, 2023 5:11 PM
Author: metal whorehouse bbw

cycle through as many 9s as i can while i still can man. im not getting any younger lmao

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46211382)



Reply Favorite

Date: July 31st, 2023 9:50 PM
Author: Clear tattoo

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46614276)



Reply Favorite

Date: April 20th, 2023 5:13 PM
Author: Contagious flesh principal's office useless brakes

do you still put makeup on your acne scars or are they cool with you going au naturale?

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46211390)



Reply Favorite

Date: April 20th, 2023 5:16 PM
Author: metal whorehouse bbw

have never used makeup, but im beginning to look into skin care options bc apparently im beginning to look my age now - club rats ask me my age now lol

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46211402)



Reply Favorite

Date: April 20th, 2023 5:18 PM
Author: Contagious flesh principal's office useless brakes

did you just photoshop your face for pics or was there foundation caked on

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46211408)



Reply Favorite

Date: April 20th, 2023 5:19 PM
Author: metal whorehouse bbw

dont photoshop my pics - korean dudes notorious for this actually lol

excited to hit up the club tonight. gonna be a good summer Lol.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46211415)



Reply Favorite

Date: April 20th, 2023 5:29 PM
Author: chocolate aromatic resort famous landscape painting



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46211451)



Reply Favorite

Date: April 20th, 2023 5:30 PM
Author: irradiated milk people who are hurt

It's 5 39-YO virgin incels and a 21-YO geek and nyuug is mentoring them all

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46211453)



Reply Favorite

Date: April 20th, 2023 5:30 PM
Author: metal whorehouse bbw

half of my crew is ~40 Lol, also im not co 2007

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46211457)



Reply Favorite

Date: April 21st, 2023 1:43 AM
Author: Mind-boggling dopamine reading party

> Everyone UMC and single.

He's also not UMC. Not on 100k/yr.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46212896)



Reply Favorite

Date: April 20th, 2023 5:32 PM
Author: Blathering Parlor

don’t you make like $50k a year?

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46211464)



Reply Favorite

Date: April 20th, 2023 5:39 PM
Author: metal whorehouse bbw

u sound pretty mad that i have access to the best pussy in korea ngl

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46211503)



Reply Favorite

Date: April 20th, 2023 5:39 PM
Author: talking marvelous school cafeteria degenerate



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46211504)



Reply Favorite

Date: April 20th, 2023 5:43 PM
Author: metal whorehouse bbw

funniest guy in this new crew is a 40 yr old nigga who apparently had dropped 1-2k on pros...on the reg LMAO.

his justification was that the pros he fucked were like 23 and he showed me a pic of one...she was actually a legit 23 yr old 9 but i told him you can just spend the same money taking down Big Game at the club for half the price

obv he going to the club with our crew now that he hooked up with us

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46211520)



Reply Favorite

Date: April 20th, 2023 5:44 PM
Author: irradiated milk people who are hurt

like a literal black nigga?

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46211523)



Reply Favorite

Date: April 20th, 2023 5:45 PM
Author: metal whorehouse bbw

i only roll with koreans. i call everyone nigga

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46211529)



Reply Favorite

Date: April 20th, 2023 5:54 PM
Author: irradiated milk people who are hurt

ok good, had me worried for a sec

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46211569)



Reply Favorite

Date: April 20th, 2023 5:42 PM
Author: Blathering Parlor

not a fan of bug chicks

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46211516)



Reply Favorite

Date: April 20th, 2023 5:50 PM
Author: Razzle-dazzle shrine rigor

At 25 this would be fun and cool. At 40 it's pathetic.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46211562)



Reply Favorite

Date: April 20th, 2023 5:53 PM
Author: metal whorehouse bbw

im enjoying the final few yrs of this i have left

after 40 ill be aged out of the club scene - i fully realize and accept this Lol

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46211568)



Reply Favorite

Date: April 20th, 2023 5:59 PM
Author: learning disabled ticket booth main people

Aren't you like 36? LOL you're the old man in thr club Chris Rock warned about.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46211587)



Reply Favorite

Date: April 20th, 2023 6:01 PM
Author: metal whorehouse bbw

starting to get there. the older guys in my crew constantly warn me i dont have many years of this left

ill have to switch to other venues - which will suck bc it wont be prime pussy - if im not married by 40 LMAO

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46211596)



Reply Favorite

Date: April 20th, 2023 11:51 PM
Author: primrose immigrant locale

What are these venues?

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46212620)



Reply Favorite

Date: April 20th, 2023 11:56 PM
Author: metal whorehouse bbw

plenty of places to hunt outside of club. i dont spill trade secrets here though

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46212641)



Reply Favorite

Date: April 20th, 2023 11:59 PM
Author: primrose immigrant locale

Lol. Ljl. Jfc. Also I thought u meant theres like a particular separate tier of clubs once you age out and go milf hunting or something. But lol at ur answer and mind.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46212654)



Reply Favorite

Date: April 21st, 2023 12:51 AM
Author: metal whorehouse bbw

clubs = mostly 18-20s

lounges = 30s+

no specific MILF clubs

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46212796)



Reply Favorite

Date: April 20th, 2023 11:47 PM
Author: Hairraiser Stock Car

Thought this was going to be a golfing thread

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46212597)



Reply Favorite

Date: April 20th, 2023 11:56 PM
Author: nofapping swashbuckling property



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46212644)



Reply Favorite

Date: April 20th, 2023 11:49 PM
Author: hateful national son of senegal

"hunted" jfc

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46212608)



Reply Favorite

Date: April 20th, 2023 11:55 PM
Author: metal whorehouse bbw

xoxo newfags dont even know that when i came out of retirement in 2015 i had already crushed the gangnam scene years prior

2012-2014 was the most insane period of my life in terms of slaying poon. was legendary.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46212637)



Reply Favorite

Date: April 24th, 2023 1:01 AM
Author: metal whorehouse bbw

So I finally gged (ONS) on Friday night, although I was lucky as fuck.

My homie and I left the club with 2 20 year olds, but they got cold feet. I'm driving back to the club to resume the hunt when suddenly a girl texted me saying she had moved to a different place nearby and wanted me to pick her up.

Drop my boy off at the club and I race to the other club. Pick her up, bring her back to my place. Drink and gged.

All other prospects from that night went MIA.

Went out Sat but nothing came of it. Going hard again this Saturday.

I still got it, baby!

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46230560)



Reply Favorite

Date: April 24th, 2023 1:24 AM
Author: Chrome outnumbered area incel

180 man, keep it up cause past 40 u will probably just stop caring, lose energy, even become gay

If u come to Seoul can I hang with ur gook crew and maybe take a massive dump in front of a Gangman club?

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46230595)



Reply Favorite

Date: April 24th, 2023 1:34 AM
Author: metal whorehouse bbw

somewhat depressing because i thought i'd stay young forever. these bitches asking my age is lame tho. father time takes us all. my drive is still there. body the same as in my 20s. so must be a face thing - maybe need to look into botox or something fuck lol

i am always welcoming of fellow xoxo brethren. but these places literally do not let in foreigners

there are exceptions to the rule but i cannot guarantee you that you will get in

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46230601)



Reply Favorite

Date: April 24th, 2023 1:35 AM
Author: Curious umber den

can u share how you talked up your friday ons for example

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46230603)



Reply Favorite

Date: April 24th, 2023 1:37 AM
Author: metal whorehouse bbw

dude she was already drunk as hell from clubbing, there wasnt much talking involved after i got her back to my place

typical small talk bs questions, etc. with this particular one, she actually lived in china, spoke decent english, etc. so we had a lot in common

i drove her home the next morning, she goes MIA almost immediately lmao. fuckin club rats.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46230604)



Reply Favorite

Date: April 24th, 2023 1:41 AM
Author: Curious umber den

so are most of your scores jsut girls who are like the fem version of u? they wanna rack up bodycount?

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46230610)



Reply Favorite

Date: April 24th, 2023 1:45 AM
Author: metal whorehouse bbw

overall my success rate is actually not that much lower than my 20s percentages.

they are probably sluttier than the avg club rat, yeah. taking down Big Game is never easy man. you are competing for literally the best pussy in the entire country. young niggas be taller than i am and there are legit models that dont even buy tables to pull - obv i cant compete with these fucks on looks but i have the tenacity and other factors working for me

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46230618)



Reply Favorite

Date: April 29th, 2023 1:39 AM
Author: Poppy Cruel-hearted Dragon Mood

You're expected to be doing something with your life over there past a certain age and you aren't. Bitches need to be married by age 30 too. So all the singles need to have a reason to talk to an older dood who's broke and has no future prospects beyond teaching English at a hakwon.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46250876)



Reply Favorite

Date: April 29th, 2023 1:41 AM
Author: metal whorehouse bbw

looool whitey maddddd

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46250877)



Reply Favorite

Date: April 24th, 2023 5:00 AM
Author: infuriating bearded laser beams

*45 year old NOWAG going to shitty clubs alone, spending his entire paycheck on a fruit platter while making cringe videos calling out XO posters*

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46230738)



Reply Favorite

Date: April 24th, 2023 5:15 AM
Author: metal whorehouse bbw

still lmaoing@ how badly korean alphas styled on you in seoul

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46230746)



Reply Favorite

Date: April 24th, 2023 5:42 AM
Author: Geriatric appetizing generalized bond stain

this kind of sounds like you're describing yourself

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46230750)



Reply Favorite

Date: April 24th, 2023 6:12 AM
Author: metal whorehouse bbw

titcream. the projection is hilarious

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46230767)



Reply Favorite

Date: April 24th, 2023 6:14 AM
Author: infuriating bearded laser beams

Except i’m married, never went to clubs alone at any age or made xo callout videos from DA club.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46230768)



Reply Favorite

Date: April 24th, 2023 7:50 PM
Author: metal whorehouse bbw

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Date: September 9th, 2025 9:05 PM
Author: sick love of her life

Conscription in South Korea

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From Wikipedia, the free encyclopedia

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First conscription examination, conducted on 16 December 1949 after liberation from Japan's colonial rule

Conscription

1780 caricature of a press gang

1780 caricature of a press gang

Related concepts

Alternative civilian serviceCivil conscriptionConscientious objectorConscription crisisCounter-recruitmentDraft-card burningDraft evasionEconomicFor autistic peopleImpressmentLevée en masseMale expendabilityMilitary serviceNational serviceOf people with disabilitiesPenal military unitSexismWar resister

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Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male citizen of the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

Enlistment and impairment-disability evaluation

By law, when a South Korean man turns 18 years old, he is enlisted for "first citizen service," meaning he is liable for military duty, but is not yet required to serve.[10][11] When he turns 19 years old (or, in some instances, 20 years old), he is required to undergo an Impairment & Disability evaluation to determine whether he is suitable for military service. The table below shows the evaluation's possible grades and their outcomes, according to the Military Service Act.[12] Men must enlist by the time they turn 28.[13]

Grade Description Outcome

1, 2, 3 "Those whose physical and psychological constitution is healthy enough to perform actively in army." "To be enlisted for active duty service, supplemental service or the second citizen service, based on their qualifications, such as educational background and age."

4 "Those whose physical and psychological constitution is not so healthy for active training but capable of doing supplemental service for civilians as replacements

(This is a common grade for people with minor disabilities)."

"To be enlisted for supplemental service or the second citizen service, based on their qualifications, such as educational background and age."

5 "Those incapable of entering active or supplemental service, but capable of entering the second citizen service

(This is a common grade for people with disabilities)."

"To be enlisted for the second citizen service."

6 "Those incapable of performing military service due to any disease or mental or physical incompetence

(This is a common grade for people with severe disabilities)."

"To be exempted from military service."

7 "Those unable to be graded...due to any disease or mental or physical incompetence." "To undergo a follow-up physical examination" within two years.

Term of South Korea military service

Areas Notation of military service relevant regulation Commonly used terms Meaning

English Korean English Korean

Conscription examination Draft Physical Examination ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ

์ง•๋ณ‘๊ฒ€์‚ฌ

์ง•๋ณ‘์‹ ์ฒด๊ฒ€์‚ฌ Conscription Examination

Military Service Judgment Examination

Physical Examination(PE) ์ง•๋ณ‘๊ฒ€์‚ฌ

๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ

์‹ ์ฒด๊ฒ€์‚ฌ(์‹ ๊ฒ€)

Physical Grade ์‹ ์ฒด๋“ฑ๊ธ‰

์‹ ์ฒด๋“ฑ์œ„ Physical Grade ์‹ ์ฒด๋“ฑ๊ธ‰

Grade I

Grade II

Grade III

Grade IV

Grade V

Grade VI

Grade VII 1๊ธ‰

2๊ธ‰

3๊ธ‰

4๊ธ‰

5๊ธ‰

6๊ธ‰

7๊ธ‰ Grade 1

Grade 2

Grade 3

Grade 4

Grade 5

Grade 6

Grade 7 1๊ธ‰

2๊ธ‰

3๊ธ‰

4๊ธ‰

5๊ธ‰

6๊ธ‰

7๊ธ‰

— ๊ฐ‘์ข…

์ œ1์„์ข…

์ œ2์„์ข…

์ œ3์„์ข…

๋ณ‘์ข…

์ •์ข…

๋ฌด์ข… Grade A

Grade B-1

Grade B-2

Grade B-3

Grade C

Grade D

Grade E ๊ฐ‘์ข…

1์„์ข…

2์„์ข…

3์„์ข…

๋ณ‘์ข…

์ •์ข…

๋ฌด์ข… Physical grades names from Before 1984

- Disposition for military service

- Type of service Preliminary Military Service

First militia Service

First Citizen Service ๋ณ‘์—ญ์ค€๋น„์—ญ

์ œ1๊ตญ๋ฏผ์—ญ Preliminary Military Service

1st Citizen Service ๋ณ‘์—ญ์ค€๋น„์—ญ

์ œ1๊ตญ๋ฏผ์—ญ

Active Service ํ˜„์—ญ Active ํ˜„์—ญ

Reserve Service ์˜ˆ๋น„์—ญ Reserve Service ์˜ˆ๋น„์—ญ

Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ

Supplementary Service

Supplemental Service

Recruit Service ๋ณด์ถฉ์—ญ Supplementary Service ๋ณด์ถฉ์—ญ

Wartime labor service

Second militia Service

Second Citizen Service ์ „์‹œ๊ทผ๋กœ์—ญ

์ œ2๊ตญ๋ฏผ์—ญ Exemption from Military Service in Ordinary time

Exemption from Ordinary time ํ‰์‹œ๋ณ‘์—ญ๋ฉด์ œ

ํ‰์‹œ๋ฉด์ œ

Exemption from Military service ๋ณ‘์—ญ๋ฉด์ œ Exemption from All Military Service

All exemption ๋ณ‘์—ญ์™„์ „๋ฉด์ œ

์™„์ „๋ฉด์ œ

Removal from Military Register ๋ณ‘์—ญ์ œ์  Exemption from All Military Service by Criminal record

All exemption from Criminal record ์ „๊ณผ์— ์˜ํ•œ ๋ณ‘์—ญ์™„์ „๋ฉด์ œ

์ „๊ณผ์— ์˜ํ•œ ์™„์ „๋ฉด์ œ

์ „๊ณผ๋กœ ๋ณ‘์—ญ์™„์ „๋ฉด์ œ

์ „๊ณผ๋กœ ์™„์ „๋ฉด์ œ In the case of being sentenced to more than 6 years in prison under the ROK Military service act, it was Removal from Military service registration.[14]

Disposition for subject to active duty, service, etc. Enlisted in Active Service ํ˜„์—ญ์ž…์˜๋Œ€์ƒ Active duty

Subject to Enlist

Subject to Conscription

Subject to Draft ํ˜„์—ญ๋Œ€์ƒ

ํ˜„์—ญ์ž…์˜๋Œ€์ƒ

์ง•๋ณ‘๋Œ€์ƒ

Called for Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ์†Œ์ง‘๋Œ€์ƒ Subject to Called for Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ์†Œ์ง‘๋Œ€์ƒ

Disposition for subject to supplementary service callup, service, etc. Called for Defense ๋ฐฉ์œ„์†Œ์ง‘๋Œ€์ƒ Called for Defense ๋ฐฉ์œ„์†Œ์ง‘๋Œ€์ƒ Defense Call-up(Defense soldier call-up) is classified as a supplementary service from 1969 to 1994. It was in the form of commuting from home to Military unit(or Police station, Police box, Conscription part of Town office).

— ๋ฐฉ์œ„๋ณ‘ Defense Soldier ๋ฐฉ์œ„๋ณ‘

Called for Public Interest Service ๊ณต์ต๊ทผ๋ฌด์š”์›์†Œ์ง‘๋Œ€์ƒ Called for Public Service ๊ณต์ต๋ณต๋ฌด์š”์› ์†Œ์ง‘๋Œ€์ƒ

Called for Social Service ์‚ฌํšŒ๋ณต๋ฌด์š”์›์†Œ์ง‘๋Œ€์ƒ Called for Social Service ์‚ฌํšŒ๋ณต๋ฌด์š”์› ์†Œ์ง‘๋Œ€์ƒ

Public interest service Personnel ๊ณต์ต๊ทผ๋ฌด์š”์› Social Service Personnel ๊ณต์ต๊ทผ๋ฌด์š”์›

Social Service Personnel ์‚ฌํšŒ๋ณต๋ฌด์š”์› Social Service Personnel ์‚ฌํšŒ๋ณต๋ฌด์š”์›

Certificate of Military Registration

Certificate of Military Registration data notation[15][16]

English Korean

Name Hong Gil-dong ํ™ ๊ธธ๋™

Kim Han-guk ๊น€ ํ•œ๊ตญ

Birth date 12 Mar. 1979 790312

28 Mar. 2001 2001. 3.28

Physical grade Grade I, II, III, IV, V, VI, VII 1, 2, 3, 4, 5, 6, 7๊ธ‰

Draft Physical Examination Omitted ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์ƒ๋žต

Disposition for military service Preliminary Military Service ๋ณ‘์—ญ์ค€๋น„์—ญ

Subject to Draft Physical Examination ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ๋Œ€์ƒ

Active Service ํ˜„์—ญ

Enlisted in Active Service ํ˜„์—ญ๋ณ‘์ž…์˜๋Œ€์ƒ

Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ

Called for Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ์†Œ์ง‘๋Œ€์ƒ

Supplementary Service ๋ณด์ถฉ์—ญ

Called for Social Service ์‚ฌํšŒ๋ณต๋ฌด์š”์›์†Œ์ง‘๋Œ€์ƒ

Alternative Service ๋Œ€์ฒด์—ญ

Called for alternative service ๋Œ€์ฒด๋ณต๋ฌด์š”์›์†Œ์ง‘๋Œ€์ƒ

Reserve Service ์˜ˆ๋น„์—ญ

Subject to Follow-up Physical Examination ์žฌ์‹ ์ฒด๊ฒ€์‚ฌ๋Œ€์ƒ

Wartime Labor Service ์ „์‹œ๊ทผ๋กœ์—ญ

Exemption from Military Service ๋ณ‘์—ญ๋ฉด์ œ

Removal from Military Register ๋ณ‘์ ์ œ์ (6๋…„์ด์ƒ์ˆ˜ํ˜•)

Reason of disposition An only son ๋…์ž

Wounded in action or injured in the line of duty ์ „·๊ณต์ƒ

(Family member) wounded in action or injured in the line of duty (๊ฐ€์กฑ)์ „·๊ณต์ƒ

Difficulties in Earning a Livelihood ์ƒ๊ณ„์œ ์ง€๊ณค๋ž€

Not Completing Middle School ์ค‘ํ•™๊ต ์ค‘ํ‡ด์ดํ•˜

Long-term Waiting ์žฅ๊ธฐ๋Œ€๊ธฐ

Emigration ๊ตญ์™ธ์ด์ฃผ(์ด๋ฏผ)

Acquisition of the Permanent Residence Right ์˜์ฃผ๊ถŒ์ทจ๋“

Loss of nationality ๊ตญ์ ์ƒ์‹ค

Thirty-one years of age or older 31์„ธ์ด์ƒ

Thirty-six years of age or older 36์„ธ์ด์ƒ

Remaining in Physical Grade VII for one year or longer 7๊ธ‰1๋…„์ด์ƒ

Remaining in Physical Grade VII for two year or longer 7๊ธ‰2๋…„์ด์ƒ

Naturalization ๊ท€ํ™”

Multiracial child ํ˜ผํ˜ˆ์•„

Serving a sentence ์ˆ˜ํ˜•

Child born out of wedlock ํ˜ผ์ธ์™ธ ์ถœ์ƒ์ž

Excluded from the Public ์ œ์™ธ

Immigrated from the North of the Military Demarcation Line ๊ตฐ์‚ฌ๋ถ„๊ณ„์„  ์ด๋ถ์ง€์—ญ์—์„œ ์ด์ฃผ

Boot camp Army Recruit Training Center ์œก๊ตฐ ํ›ˆ๋ จ์†Œ

OO Replacement Center OO ๋ณด์ถฉ๋Œ€

OO Division OO ์‚ฌ๋‹จ

Draft examination Postponement of Draft Physical Examination (Studying Abroad) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(์œ ํ•™)

Postponement of Draft Physical Examination (Seafarer) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(์„ ์›)

Postponement of Draft Physical Examination (Residing Abroad) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(๊ตญ์™ธ์ด์ฃผ)

Postponement of Draft Physical Examination (Emigration) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(๊ตญ์™ธ๊ฑฐ์ฃผ)

Postponement of Draft Physical Examination (In Prison) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(์žฌ๊ฐ)

Evasion of Draft Physical Examination ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ ๊ธฐํ”ผ

Enlist of active Postponement of Conscription (Student) ์ž…์˜์—ฐ๊ธฐ(์žฌํ•™์ƒ)

Postponement of Conscription (Studying Abroad) ์ž…์˜์—ฐ๊ธฐ(์œ ํ•™)

Postponement of Conscription (Residing Abroad) ์ž…์˜์—ฐ๊ธฐ(๊ตญ์™ธ๊ฑฐ์ฃผ)

Postponement of Conscription (Emigration) ์ž…์˜์—ฐ๊ธฐ(๊ตญ์™ธ์ด์ฃผ)

Postponement of Conscription (Training in Research Institute) ์ž…์˜์—ฐ๊ธฐ(์—ฐ์ˆ˜)

Postponement of Conscription (Outstanding Athlete) ์ž…์˜์—ฐ๊ธฐ(์šฐ์ˆ˜์—ฐ์ˆ˜)

Postponement of Conscription Date ์ž…์˜์ผ์ž ์—ฐ๊ธฐ

Homecoming after Conscription ์ž…์˜ํ›„ ๊ท€๊ฐ€

Subject to Notice of Re-Conscription ์žฌ์ž…์˜ํ†ต์ง€๋Œ€์ƒ

Domestic Reason ๊ฐ€์‚ฌ์‚ฌ์ •

Employed Abroad ๊ตญ์™ธ์ทจ์—…

Residing in an Unreclaimed Area ๋ฏธ์ˆ˜๋ณต์ง€๊ตฌ๊ฑฐ์ฃผ

Application for Military Service ๊ตฐ ์ง€์›

Evasion of Conscription ์ž…์˜๊ธฐํ”ผ

Missing ํ–‰๋ฐฉ๋ถˆ๋ช…

(Medical/Judicial/Religious) Officer/Cadet Officer (์˜๋ฌด/๋ฒ•๋ฌด/๊ตฐ์ข…)์žฅ๊ต/์‚ฌ๊ด€ํ›„๋ณด์ƒ

Basic Branch Officer ๊ธฐ๋ณธ๋ณ‘๊ณผ์žฅ๊ต

Noncommissioned Cadet Officer ๋ถ€์‚ฌ๊ด€ ํ›„๋ณด์ƒ

Enlistment in OO OO ํŽธ์ž…

Removed from OO OO ์ œ์ 

Call of supplementary service, etc. Postponement of Call (Student) ์†Œ์ง‘์—ฐ๊ธฐ(์žฌํ•™์ƒ)

Postponement of Call (Studying Abroad) ์†Œ์ง‘์—ฐ๊ธฐ(์œ ํ•™)

Postponement of Call (Seafarer) ์†Œ์ง‘์—ฐ๊ธฐ(์„ ์›)

Postponement of Call (Residing Abroad) ์†Œ์ง‘์—ฐ๊ธฐ(๊ตญ์™ธ๊ฑฐ์ฃผ)

Postponement of Call (Emigration) ์†Œ์ง‘์—ฐ๊ธฐ(๊ตญ์™ธ์ด์ฃผ)

Postponement of Call (Training in Research Institute) ์†Œ์ง‘์—ฐ๊ธฐ(์—ฐ์ˆ˜)

Postponement of Call (Outstanding Athlete) ์†Œ์ง‘์—ฐ๊ธฐ(์šฐ์ˆ˜์—ฐ์ˆ˜)

Postponement of Call Date ์†Œ์ง‘์ผ์ž์—ฐ๊ธฐ

Exemption from Call ์†Œ์ง‘๋ฉด์ œ

Evasion from Call ์†Œ์ง‘๊ธฐํ”ผ

Enlistment in OO (์‚ฐ์—…์š”์›๋“ฑ)ํŽธ์ž…

Cancellation of Enlistment in OO OO ํŽธ์ž…์ทจ์†Œ

Advance Service ์„ ๋ณต๋ฌด

Social Service Personnel ์‚ฌํšŒ๋ณต๋ฌด์š”์›

International Cooperation Service Personnel ๊ตญ์ œํ˜‘๋ ฅ๋ด‰์‚ฌ์š”์›

Art and Sports Personnel ์˜ˆ์ˆ ์ฒด์œก์š”์›

Expert Research Personnel ์ „๋ฌธ์—ฐ๊ตฌ์š”์›

Industrial Technical Personnel ์‚ฐ์—…๊ธฐ๋Šฅ์š”์›

International Cooperative Doctor ๊ตญ์ œํ˜‘๋ ฅ์˜์‚ฌ

Public-Service Advocate ๊ณต์ต๋ฒ•๋ฌด๊ด€

Public Health Doctor ๊ณต์ค‘๋ณด๊ฑด์˜์‚ฌ

Doctor Exclusively in Charge of Draft Physical Examination ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์ „๋‹ด์˜์‚ฌ

Onboard Ship Reserve Service ์Šน์„ ๊ทผ๋ฌด์˜ˆ๋น„์—ญ

Alternative Service Personnel ๋Œ€์ฒด๋ณต๋ฌด์š”์›

Others Ban on foreign travel (a person who has stayed in the country for one year or longer) ์ถœ๊ตญ๊ธˆ์ง€(1๋…„์ด์ƒ ๊ตญ๋‚ด์ฒด์žฌ)

Removal of the ban on foreign travel (others)

Jehovah's Witnesses ์—ฌํ˜ธ์™€์˜ ์ฆ์ธ

Departure before age 24 24์„ธ์ด์ „์ถœ๊ตญ

Period of Mandatory Service ์˜๋ฌด๋ณต๋ฌด๊ธฐ๊ฐ„

Exclusion from the Military Service ๊ตฐ๋ณต๋ฌด ์ œ์™ธ๊ธฐ๊ฐ„

Short-term overseas travel ๋‹จ๊ธฐ์—ฌํ–‰

Illegal stay in a foreign country ๊ตญ์™ธ๋ถˆ๋ฒ•์ฒด์žฌ

Violation of duty to obtain permission for overseas travel ๊ตญ์™ธ์—ฌํ–‰ํ—ˆ๊ฐ€์˜๋ฌด์œ„๋ฐ˜

Forces Army ์œก๊ตฐ

Navy ํ•ด๊ตฐ

Air Force ๊ณต๊ตฐ

Marine, Subordinate to ROK Navy ํ•ด๋ณ‘๋Œ€

Expiration date Indefinite ๋ฌด๊ธฐํ•œ

6 Months 6์›”

Type of service Reserve Service ์˜ˆ๋น„์—ญ

Recruit Service ๋ณด์ถฉ์—ญ

Exemption from the Service ๋ฉด์—ญ

Retirement from the Service ํ‡ด์—ญ

Removal from Military Register ๋ณ‘์ ์ œ์ 

Discharge Discharge from Military Service ์ „์—ญ

Discharge from Military Service by Application ์›์— ์˜ํ•œ ์ „์—ญ

Forced Discharge from Military Service ์›์— ์˜ํ•˜์ง€ ์•„๋‹ˆํ•œ ์ „์—ญ

Home on Leave from Military Service ๊ท€ํœด์ „์—ญ

Discharge from Military Service as Woman ์—ฌ๊ตฐ์ „์—ญ

Completion of Service ๋ณต๋ฌด๋งŒ๋ฃŒ

Completion of Service(Release from Call) ๋ณต๋ฌด๋งŒ๋ฃŒ(์†Œ์ง‘ํ•ด์ œ)

Completion of Military Service ๋งŒ๊ธฐ

Age Limit ์—ฐ๋ น์ •๋…„

Disease ์˜๋ณ‘

Domestic Reason ๊ฐ€์‚ฌ์‚ฌ์ •(์˜๊ฐ€์‚ฌ)

Difficulties in Maintaining Household ์ƒ๊ณ„๊ณค๋ž€

An only son ๋…์ž

wounded in action or injured in the line of duty ์ „·๊ณต์ƒ

Emigration ๊ตญ์™ธ์ด์ฃผ

Disqualification ์‹ ๋ถ„์ƒ์‹ค

Exclusion to the Public ์ œ์™ธ

Secession from Military Service ๊ตฐ๋ณต๋ฌด์ดํƒˆ(์‚ญ์ œ)

Removal from the Army Register ๊ตฐ ์ œ์ 

Self-Surrender ์ž์ˆ˜์‹ ๊ณ 

National Land Construction Corps ๊ตญํ† ๊ฑด์„ค๋‹จ

Volunteer Soldier as a Student ํ•™๋„์˜์šฉ๊ตฐ

Military Service Act ๋ณ‘์—ญ๋ฒ•

Enforcement Decree of Military Service Act ๋ณ‘์—ญ๋ฒ•์‹œํ–‰๋ น

Detailed Enforcement Regulation of Military Service Act ๋ณ‘์—ญ๋ฒ• ์‹œํ–‰๊ทœ์น™

Combatant police, etc. Combatant Police Officer ์ „ํˆฌ๊ฒฝ์ฐฐ

Auxiliary Police Officer ์˜๋ฌด๊ฒฝ์ฐฐ

Obligatory Fireman ์˜๋ฌด์†Œ๋ฐฉ

Coast Guard ํ•ด์–‘๊ฒฝ์ฐฐ

Correctional Guard ๊ฒฝ๋น„๊ต๋„

Legal Military service age

The age standard is from January 1 to December 31 of the year of age.

โ– : Age group of Mandatory Military service

โ– : Age group of Mandatory Military service in Wartime

Age Mandatory military service Duty of conscription examination and enlist, etc. Type of service Note

17 or younger Military Manpower Administration takes over the Identity registration data of persons (17-year-old male) who are enrollment to Military Service Registration(Assignment the Preliminary Military Service) in the following year from the Ministry of the Interior, and transmits them to the Local Military Manpower Office.

18 Subject for Mandatory Military service of Peacetime No, but voluntary enlistment possible.

- Assignment the Preliminary Military Service.

- Persons with disabilities registered under the Disabled registration system is Wartime Labor Service or Exemption from Military Service.Note 1

1.Age group subject to Civil Defense Corps under the Framework Act on Civil Defense from the age of 20[17]

2.Subject to a return order from the chief of staff of each military if he desertied while serving on the basis of active duty soldiers.

3.Reserve soldiers and Completed their service Supplementary soldiers in the Age group of Exemption from Duty of conscription examination and enlist, etc.(38 to 40 years old, 38 to 45 years old in Wartime) can be assigned to the Reserve Force according to the Reserve Forces Act on a wartime basis.[18]

19 to 35 All Military service obligators are obligated to Conscription examination and Enlist/Call-up(Passed person from Conscription examination. Active duty is Enlist, Supplementary Service is Call-up) 1.According to the results of the Conscription examination.(Military Disposition. Active duty, Supplementary service, Wartime labor service or Exempted from Military service)

2.When the Mandatory service(Active service) period is completed, they are transferred to reserve service.

36 to 37 1.In the peacetime, General Military service obligators are no Conscription examination and Enlist/Call-up

2.In the peacetime, Military Service Act Violators, Oversea stayer, etc. are obligated to Conscription examination. When disposed of as a Supplementary service, there is an Obligation to convene Public service.

3.In the wartime, All Military service obligators are obligated to enlist as conscription examination and active duty.

1.Same as above.

2.Military Service Act Violators, Overseas stayer, etc. are Subject to Supplementary service, Wartime Labor Service or Exempted from Military service according to the results of the Conscription examination.

38 to 40 In any case, No duty of Conscription Examination and Enlist. Same as above.

41 to 45 1.End of Mandatory Military service from Peacetime(Soldier ranks)

2.Extension of Mandatory Military service from Wartime Exemption from Service for Active Soldiers, Reserve Soldiers, Supplementary Soldiers, Wartime Labor Service in PeacetimeNote 2 Reserve soldiers and Completed their service Supplementary soldiers can be assigned to the Reserve Force according to the Reserve Forces Act on a Wartime basis.

46 or older End of Mandatory Military service from Peacetime and Wartime. Exemption from Service for Active, Reserve, Supplementary Soldiers, Wartime Labor Service in Peacetime and WartimeNote 2 Expanded 50 years of age for the Wartime Civil Defense Corps

Note 1: Some disabled person (mild disabled person). If the disability status of a disabled person changes at the age of 19, or if a reason for the return of the disabled registration card occurs, a Conscription Examination shall be performed.

Note 2:

Republic of Korea Armed Forces soldier (Byeong) ranks

English Korean

Army Navy Air Force Marine Corps

Sergeant Petty Officer Second Class Staff Sergeant Sergeant ๋ณ‘์žฅ

Corporal Petty Officer Third Class Senior Airman Corporal ์ƒ๋“ฑ๋ณ‘

Private First Class Seaman Airman First Class Lance Corporal ์ผ๋“ฑ๋ณ‘

Private Second Class Seaman Apprentice Airman Private First Class ์ด๋“ฑ๋ณ‘

Note 3: Retirement of Officers, Warrant officers, and Noncommissioned officers when they reach retirement age of rank from Military Personnel Management Act.[19]

History of military service age

1971 to 1984

Age Mandatory military service Duty of conscription examination and enlist, etc. Type of service

17 or younger — None. —

18 to 19 Subject for Mandatory Military service of Peacetime Assignment the 1st Citizen Service.

20 to 30 All Military service obligators are obligated to Conscription examination and Enlist/Call-up (Passed person from Conscription examination. Active duty is Enlist, Supplementary Service is Call-up) 1.According to the results of the Conscription examination. (Military Disposition. Active duty, Supplementary service, Wartime labor service or Exempted from Military service)

2.Those who are not Active (Serving), Reserve, or Supplementary Service are the 1st Citizen service.

3.When the Mandatory service (Active service) period is completed, they are transferred to Reserve service.

31 to 35 1.In peacetime, All Military Service Obligators (Including those Military Service Act Violators, Oversea stayer, etc.) are no Conscription examination, Enlist, Supplementary Service Call-up (Exemption from Call)Note 1

2.In the wartime, All Military service obligators are obligated to enlist as conscription examination and active duty. 1.Same as above.

2.The 1st Citizen service that has not been Conscription examination and those Subject to Active Enlist (Subject to draft) who have not been notified of Active draft are transferred to Supplementary service.

36 to 40 In any case, No duty of Conscription Examantion and Enlist.

41 to 45 1.End of Mandatory Military service from Peacetime (Soldier ranks)

2.Extension of Mandatory Military service from Wartime Exemption from Service for Active Soldiers, Reserve Soldiers, Supplementary Soldiers, Wartime Labor Service in PeacetimeNote 2

46 or older End of Mandatory Military service from Peacetime and Wartime. Exemption from Service for Active, Reserve, Supplementary Soldiers, 2nd Citizen Service in Peacetime and WartimeNote 2

Note 1: According to Article 7 of the Military Service Act Addenda in 1971, Military Service Act Violators(Conscription examination or Enlist refusers/dodgers) as of the enforcement year(1971) are obligated to Conscription examination and enlist.[20]

Note 2: Retirement of Officers, Warrant officers, and Noncommissioned officers when they reach retirement age of rank.

1984 to 1993

Age Mandatory military service Duty of conscription examination and enlist, etc. Type of service

17 or younger a 17-year-old person (17-year-old male) must report the incorporation of the 1st Citizen service to the Town mayor or Village Chief. No, But Possible the Voluntary enlist.

18 Subject for Mandatory Military service of Peacetime not enlisted from 1st Citizen Service

19 to 30 All Military service obligators are obligated to Conscription examination and Enlist/Call-up (Passed person from Conscription examination. Active duty is Enlist, Supplementary Service is Call-up) 1.According to the results of the Conscription examination. (Military Disposition. Active duty, Supplementary service, Wartime labor service or Exempted from Military service)

2.Those who are not Active (Serving), Reserve, or Supplementary Service are the 1st Citizen service.

3.When the Mandatory service (Active service) period is completed, they are transferred to Reserve service.

31 to 35 1.In the peacetime, All Military Service Obligators (Including those Military Service Act Violators, Oversea stayer, etc.) are no Conscription examination, Enlist, Supplementary Service Call-up (Exemption from Call)

2.In the wartime, All Military service obligators are obligated to enlist as conscription examination and active duty. 1.Same as above.

2.The 1st Citizen service that has not been Conscription examination and those Subject to Active Enlist (Subject to draft) who have not been notified of Active draft are transferred to Supplementary service.

36 to 40 In any case, No duty of Conscription Examantion and Enlist.

41 to 45 1.End of Mandatory Military service from Peacetime (Soldier ranks)

2.Extension of Mandatory Military service from Wartime Exemption from Service for Active Soldiers, Reserve Soldiers, Supplementary Soldiers, Wartime Labor Service in PeacetimeNote

46 or older End of Mandatory Military service from Peacetime and Wartime. Exemption from Service for Active, Reserve, Supplementary Soldiers, 2nd Citizen Service in Peacetime and WartimeNote

Note: Retirement of Officers, Warrant officers, and Noncommissioned officers when they reach retirement age of rank.

1994 to 2010

Age Mandatory military service Duty of conscription examination and enlist, etc. Type of service

17 or younger a 17-year-old person (17-year-old male) must report the incorporation of the 1st Citizen service to the Town mayor or Village Chief. (Before February 5, 1999)

Military Manpower Administration takes over the Identity registration data of persons (17-year-old male) who are enrollment to Military Service Registration (Assignment the Preliminary Military Service) in the following year from the Ministry of the Interior, and transmits them to the Local Military Manpower Office. (After February 5, 1999)

18 Subject for Mandatory Military service of Peacetime No, but voluntary enlistment is possible. Assignment the 1st Citizen Service.

Persons with disabilities registered under the Disabled registration system is Wartime Labor Service or Exemption from Military Service.

19 to 30 All Military service obligators are obligated to Conscription examination and Enlist/Call-up (Passed person from Conscription examination. Active duty is Enlist, Supplementary Service is Call-up) 1.According to the results of the Conscription examination. (Military Disposition. Active duty, Supplementary service, Wartime labor service or Exempted from Military service)

2.When the Mandatory service (Active service) period is completed, they are transferred to reserve service.

31 to 35 1.In the peacetime, General Military service obligators are no Conscription examination and Enlist/Call-up

2.In the peacetime, Military Service Act Violators, Oversea stayer, etc. are obligated to Conscription examination. When disposed of as a Supplementary service, there is an Obligation to convene Public service.

3.In the wartime, All Military service obligators are obligated to enlist as conscription examination and active duty.

1.Same as above.

2.Military Service Act Violators, Overseas stayer, etc. are Subject to Supplementary service, Wartime Labor Service or Exempted from Military service according to the results of the Conscription examination.

38 to 40 In any case, No duty of Conscription Examination and Enlist. Same as above.

41 to 45 1.End of Mandatory Military service from Peacetime (Soldier ranks)

2.Extension of Mandatory Military service from Wartime Exemption from Service for Active Soldiers, Reserve Soldiers, Supplementary Soldiers, Wartime Labor Service in PeacetimeNote

46 or older End of Mandatory Military service from Peacetime and Wartime. Exemption from Service for Active, Reserve, Supplementary Soldiers, Wartime Labor Service in Peacetime and WartimeNote

Note: Retirement of Officers, Warrant officers, and Noncommissioned officers when they reach retirement age of rank.

Determination criteria of physical grades

There are seven physical grades. Grade name is I, II, III, IV, V, VI and VII. Before 1984 grades name is A, B (respectively B-I, B-II, B-III), C, D and E

Before 1984 After 1984

Name Korean Name Korean

Grade A ๊ฐ‘์ข… Grade I 1๊ธ‰

Grade B-I ์ œ1์„์ข… Grade II 2๊ธ‰

Grade B-II ์ œ2์„์ข… Grade III 3๊ธ‰

Grade B-III ์ œ3์„์ข… Grade IV 4๊ธ‰

Grade C ๋ณ‘์ข… Grade V 5๊ธ‰

Grade D ์ •์ข… Grade VI 6๊ธ‰

Grade E ๋ฌด์ข… Grade VII 7๊ธ‰

I, II, III and IV is Accepted, and grades V, VI and VII is Rejected.

The criteria for determining the physical grade shall be in accordance with Attached form 2 and 3 of the "Rules for examination of Conscription Physical Examination, etc.(๋ณ‘์—ญํŒ์ • ์‹ ์ฒด๊ฒ€์‚ฌ ๋“ฑ ๊ฒ€์‚ฌ๊ทœ์น™ [ko])" Attached form 2 sets the criteria for determining height and weight. Attached form 3 is the evaluation criteria for diseases and mental and physical disabilities, which vary from year to year.

In the following criteria, diseases and mental and physical disabilities are described mainly as representative or known.

Physical grades Accepted or Rejected Standards[21] Type of military service[22]

I Accepted Physical and Psychological constitution is healthy, and can serve in active duty or supplementary service.

Active duty, Supplementary service, and Wartime labor service based on Qualifications (Educational background, Age, etc.)

2

3

4

5 Rejected Those incapable of entering active or supplementary service, but capable of entering the wartime labor service Wartime labor service

6 Those incapable of performing military service due to disease or mental or physical disorder Exempted from Military service

7 In the case where grades I, II, III, IV, V, VI cannot be received due to Disease or Mental and Physical disability Subject to Rephysical examination

Physical grade Height (centimeters), weight (BMI) Disease or disabled

I

Height 161๏ฝž203.9 cm๏ผšBMI20.0๏ฝž24.9

A completely healthy person without illness or physical disability

Those in good condition after treatment of acute infectious diseases

II

Height 161๏ฝž203.9 cm๏ผšBMI18.5๏ฝž19.9ใƒปBMI25.0๏ฝž29.9

Allergic rhinitis

III

Height 159๏ฝž160 cm๏ผšBMI16.0๏ฝž34.9

Height 161๏ฝž203.9 cm๏ผšBMI16.0๏ฝž18.4, BMI30.0๏ฝž34.9

Hepatitis B carrier

Conservative treated or Operated PneumothoraxNote 1

Mental disease

Minor, Mild Depression

Minor, Mild Obsessive-compulsive disorder

Several Developmental Disability (ADHD, Learning Disability)

IV

Height 146๏ฝž158 cm

Height 159๏ฝž203.9 cm: Below BMI16.0 and BMI35.0 or Over

Height 204 cm or Over

Case of endoscopic surgery with either Early gastric cancer, Early colorectal cancer, or Carcinoid

Prodrome of Skin malignant tumor(Giant acromegaly condyloma, Bowen disease), Basal cell carcinoma

Mental disease

Borderline intellectual functioning

Mild Autism Spectrum Disorder (High-functioning Autism, Asperger Syndrome, PDD-NOS without Intellectual Disability)

V

Height 140.1๏ฝž145 cm

Mental disease

Schizophrenia

Gender dysphoria

Mild Intellectual Disability

Autism Spectrum Disorder without Intellectual Disability (High-functioning Autism, Asperger Syndrome, PDD-NOS without Intellectual Disability)

VI

Height 140 cm or Below

Malignant tumor (Cancer)

Metastasized skin cancer

Bone cancer

HIV carrier

Hansen's Disease (Leprosy)

Mental disease

Schizophrenia with Personality devastated

Moderate, Severe and Profound Intellectual Disability

Autism Spectrum Disorder with Intellectual Disability (Low-functioning autism, Childhood disintegrative disorder)

VII

Note 1: Surgery due to pneumothorax is Grade V in 1992.

Disposition for military service by educational background and physical grade

According to Article 14 of the Military Service Act, grades I to IV are based on qualifications (education, age, etc.) and are subject to active service, supplementary, wartime workers, Grade V exemptions, Grade VI exemptions, and Grade VII medical examinations. The criteria for disposing of active duty or supplementary officers in grades I to IV are determined by the Military Manpower Administration's announcement (annual announcement of conscription inspection). According to the announcement, the criteria for military service are as follows.

Active duty (ํ˜„์—ญ, Subject to Enlist for Active duty. Subject to Draft)

Mix of active and supplementary

Supplementary service (๋ณด์ถฉ์—ญ)

Wartime labor service (์ „์‹œ๊ทผ๋กœ์—ญ)[23]

Exempted from Military service (๋ณ‘์—ญ๋ฉด์ œ)

Subject to Physical Reexamination (์žฌ๊ฒ€์‚ฌ๋Œ€์ƒ)

Disposition for military service by educational background and physical grade (after 2021)

Educational background Physical grade

I II III IV V VI VII

Regardless Active duty Supplementary service Wartime Labor Service Exempted from Military service Subject to Physical reexamination

History of disposition for military service

1950s to 1969

Before the 1970s, the criteria for disposition of active duty and supplementary military service cannot be confirmed due to lack of data at the time.[24]

in 1950 to 1955

1950: It was the first year in the Republic of Korea that the Conscription was implemented. At that year, due to the limitation of 100,000 troops by the Korean military, the conscription system and Conscription Examination were suspended. However, in June of the same year, when the Korean War broke out, there was an unofficial conscription.

1952: As the Conscription system was Implemented again, Conscription Examination began again.

Educational

background Physical grade

A B-I B-II C D E

Regardless Accepted (Active duty, 1st Supplementary service, 2nd Supplementary service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1956

Educational background Physical grade

A B-I C D E

Regardless Accepted (Active duty, 1st Supplementary military service, 2nd Supplementary military service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1957

The supplementary military service was abolished by the enforcement of the revised Military Service Act from August 1957.[25]

Educational background Physical grade

A B-I B-II C D E

Regardless Accepted

(Active duty, 1st Supplementary military service, 2nd Supplementary military service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1958 to 1960

On February 24, 1958, there were Re-examination measures after canceling the judgment on 45,000 Grade C judges in the 1950 to 1957 Conscription examination.

Educational background Physical grade

A B-I B-II B-III C D E

Regardless Accepted (Active duty) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1961

There was a physical examination of public officials who were judged to be Grade C.

In 1961, there was a physical examination of 128,422 embroidered persons who reported between June 21 and June 30, which was set as the period for reporting embroidery of those who failed to serve in the military.

Educational background Physical grade

A B-I B-II C D E

Regardless Accepted (Active duty) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1962

Those born on or after January 1, 1930, who have been punished for active service under the Military Service Act enacted before October 1, 1962, and who have not joined the army, will be transferred to the 1st supplementary role and will be supplemented. (Except for those who joined the National Land Construction Team(๊ตญํ† ๊ฑด์„ค๋‹จ [ko]) in 1961.)

Educational background Physical grade

A B-I B-II B-III B-IV B-V C D E

Regardless Accepted (Active duty)

(After Oct, 1st 1962, Active duty, 1st Supplementary service, 2nd Supplementary service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1963 to 1969

Among those who were examined for conscription in 1962, those who were judged to be Grade B4 and B5 were transferred to Grade C and converted to 2nd Citizen service.

Educational background Physical grade

A B-I B-II B-III C D E

Regardless Accepted (Active duty, 1st Supplementary service, 2nd Supplementary service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

After 1970s

1970

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout

Elementary school Graduated

Elementary school Dropout or less Active duty Supplementary service

1971

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout Active duty Supplementary service

Elementary school Graduated

Elementary school Dropout or less Active duty Supplementary service

1972

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout

Elementary school Graduated

Elementary school Dropout or less Active duty Supplementary service

1973

Middle school Graduated or more

Grade A, B-I, B-II: Active duty

Grade B-III: Supplementary service

Elementary school Graduated or more, Middle school Dropout or less

Grade A: Active duty

Grade B-I, B-II, B-III: Supplementary service

Elementary school Dropout or less: 2nd Citizen service

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout Active duty Supplementary service

Elementary school Graduated

Elementary school Dropout or less 2nd Citizen service

1974 to 1976

College attending or more

Grade A, B-I, B-II: Active duty

Grade B-III: Supplementary service

Middle school Graduated or more, High school Dropout or less

Grade A, B-I: Active duty

Grade B-II, B-III: Supplementary service

Elementary school Graduated or more, Middle school Dropout or less

Grade A: Active duty

Grade B-I, B-II, B-III: Supplementary service

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Graduated

Middle school Graduated

Middle school Dropout Active duty Supplementary service

Elementary school Graduated

Elementary school Dropout or less 2nd Citizen service

1977 to 1979

College attending or more

Grade A, B-I, B-II, B-III: Active duty

High school Graduated or less

Grade A, B-I: Active duty

Grade B-II, B-III: Supplementary service

Middle school Dropout or less: 2nd Citizen service

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1980 to 1983

College attending or more

ใ€€Grade A, B-I, B-II: Active duty

ใ€€Grade B-III: Supplementary service

High school Graduated or less

ใ€€Grade A: Active duty

ใ€€Grade B-I, II, III: Supplementary service

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1984

In 1984, Change of Physical Grade Name.

Before 1984 After 1984

Name Korean Name Korean

A ๊ฐ‘์ข… I 1๊ธ‰

B-I ์ œ1์„์ข… II 2๊ธ‰

B-II ์ œ2์„์ข… III 3๊ธ‰

B-III ์ œ3์„์ข… IV 4๊ธ‰

C ๋ณ‘์ข… V 5๊ธ‰

D ์ •์ข… VI 6๊ธ‰

E ๋ฌด์ข… VII 7๊ธ‰

College attending or more

ใ€€Grade I, II, III: Active duty

ใ€€Grade IV: Supplementary service

High school Graduated

ใ€€Grade I, II: Active duty

ใ€€Grade III, IV: Supplementary service

High school Dropout or less

ใ€€Grade I: Active duty

ใ€€Grade II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Dropout Active duty Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1985

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated Active duty Supplementary service

Middle school Dropout or less 2nd Citizen service

1986

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated Active duty Supplementary service

Middle school Dropout or less 2nd Citizen service

1987

High school Graduated or more

ใ€€Grade I, II: Active duty

ใ€€Grade III, IV: Supplementary service

High school Dropout or less

ใ€€Grade I: Active duty

ใ€€Grade II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Active duty Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1988 to 1991

1988: Skipped Conscription Examination of Elementary school Graduated or less

1989: Those aged 25 or older among those graduating from High school will be converted to Supplementary service.

June 1, 1991: High school graduates who are 162 centimeters or less, high school graduates and those who are above university students, and who are Grade II (and III, IV) due to myopia of ophthalmology, will be converted to Supplementary service. (A person who was Conscription examined from 1990)

November 15, 1991: Those who graduated from high school and a Physical grade II will be converted to Supplementary service. (A person who was Conscription examined from 1991)

January 1, 1992: Middle school Dropout or less is Supplementary service. (Exemption from Call of Bangwi)

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1992

Middle school Graduated or more, Physical grade I, II, III, IV: Active duty. But, on October 30 of the same year, it was changed as follows:

High school Graduated or more, Physical grade III, IV: converted to Supplementary service

High school Dropout or less, Physical grade I, II, III, IV: converted to Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1993

High school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

High school Dropout and Middle school Graduated with Grade I, II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1994

High school Graduated or more with Grade I, II, III, IV: Active duty

High school Dropout

Grade I: Active duty

Grade II, III, IV: Supplementary service

Middle school Graduated with Grade I, II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Active duty Supplementary service

Middle school Graduated Supplementary service

Middle school Dropout or less 2nd Citizen service

1995 to 1996

High school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Those who graduated from middle school and a Physical grade I, II, III, IV will be converted to Supplementary service from 1996

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1997

High school Dropout or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Middle school Graduated

Grade I, II, III, IV: Supplementary service

High school Dropout with Physical grade III: converted to Supplementary service from June 2, 1997

High school Dropout with Physical grade II: converted to Supplementary service from January 1, 1998

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated Supplementary service

Middle school Dropout or less 2nd Citizen service

1998 to 2003

High school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Middle school Graduated, High school Dropout

Grade I, II, III, IV: Supplementary service

1999 to 2011

Skipped Conscription Examination with Transferred the 2nd Citizen service of Middle school Dropout or less in 1999 to 2011

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

2004

Middle school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

2005

College attending or more with Grade I, II, III, IV: Active duty

Middle school Graduated and High school Dropout

Grade I, II, III: Active duty

Grade IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

2006 to 2011

Middle school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

2012 to 1st half of 2015

Middle school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Middle school Dropout or less with Physical Grade I, II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less Supplementary service

External links

(in Korean) Public Notice of Draft examination in 2014(Military Manpower Administration Public Notice No. 2014-2)

2nd half of 2015 to 2020

High school Graduated or more

Grade I, II and III: Active duty

Grade IV: Supplementary service

High school Dropout of less with Physical grade I, II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service Wartime Labor Service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout or less Supplementary service

External links

(Korean) Public Notice of Draft examination in 2016(Military Manpower Administration Public Notice No. 2016-3)

(Korean) Public Notice of Draft examination in 2017(Military Manpower Administration Public Notice No. 2017-1)

(Korean) Public Notice of Draft examination in 2018(Military Manpower Administration Public Notice No. 2018-1)

(Korean) Public Notice of Draft examination in 2019(Military Manpower Administration Public Notice No. 2019-1)

(Korean) Public Notice of Draft examination in 2020(Military Manpower Administration Public Notice No. 2020-1)

Service types and length

Grade 1, 2, 3 and 4: those are suitable for military service (ํ˜„์—ญ)

The length of compulsory military service in South Korea varies based on military branch.[26][unreliable source?] Active duty soldiers serve 1 year 6 months in the Army or Marine Corps, 1 year 8 months in the Navy, or 1 year 9 months in the Air Force.[27] After conscripts finish their military service, they are automatically placed on the reserve roster and are obligated to attend 3 days of annual military training for 6 years[citation needed] (5 years from 2021).

Non-active duty personnel, or "supplemental service" personnel serve for various lengths: 1 year 9 months for social work personnel (better known as public service workers - personnel ordered to do public service work at places that require auxiliary workers such as local community centers like city halls, government agencies, and public facilities like subway stations);[28] 2 years 10 months for arts and sports personnel or industrial technical personnel; and 3 years for public health doctors, lawyers, veterinarians, or expert researchers.[29]

In 2010, there was growing public pressure to either shorten the length of conscription or to switch to voluntary military service, and calls from experts for a gradual phasing out of conscription rather than complete abolition.[30] However, in December 2010, after taking into consideration of the 2010 ROKS Cheonan sinking and Bombardment of Yeonpyeong incidents, the South Korean government said it would not reduce service periods.[31]

Grade 4: those are unsuitable for military service

Art and sports personnel

Artists and players who have won government accredited competitions are allowed to work as 'Art and Sports Personnel'. After a month of military training, Art and Sports Service agents work through their specialties to finish their military services; e.g. in professional sports teams, art galleries, museums or orchestra bands. Unlike other service agents who are working at factories, farms, universities, institutes or nursing homes, Art and Sports Service agents are allowed to work abroad.[citation needed]

Former president Park Chung Hee introduced exemptions for athletes in 1973 to win more medals for the country; some historians believe this also served as a distraction against the government's unpopularity.[32] After winning a gold medal at the 1976 Summer Olympics, wrestler Yang Jung-mo was granted the first exemption. In the 1980s, president Chun Doo-hwan promised exemptions to any athlete who won a medal of any kind at either the 1986 Asian Games or the 1988 Summer Olympics.[32]

When South Korea co-hosted the FIFA World Cup in 2002, their national football team was guaranteed an exemption if they reached the round of 16; the same promise was made to the national baseball team in 2006 if they reached the semifinals of the World Baseball Classic. Public outrage ensued, and similar exemptions have been rarely granted since.[32]

Current conscription regulations stipulate that athletes who win medals in the Olympic Games or gold medals in the Asian Games are granted exemptions from military service and are placed in Grade 4.[33] They are required to do four weeks of basic military training and engage in sports field for 42 months. After that, they are automatically placed on the reserve roster, and are obligated to attend a few days of annual military training for six years. In practice, after athletes finish their four weeks of basic military training, they are able to continue their own sports career during the 34 months of duty.[34]

The policy has resulted in coaches being accused of selecting players desperate to avoid military service instead of choosing the best athletes. Parents encourage their children to pursue sports in hopes of them receiving an exemption.[32]

Notable athletes who have been granted exemptions from military service are the bronze medal-winning men's football team at the 2012 Summer Olympics,[35][36] 2008 Olympic gold medalist badminton player Lee Yong-dae,[37] swimmer Park Tae-hwan,[38][39] 2014 Asian Games gold medalist tennis player Chung Hyeon,[40] 2018 Asian Games gold medalist footballer Son Heung-min, and 2018 Asian Games gold medalist baseball player Lee Jung-hoo.

Esports players were not exempt from conscription until 2023, when esports became a regular event at the 2022 Asian Games.[41][failed verification] Because esports had become a medal event in these games, it became possible for players to be exempt from conscription, so long as they won a gold medal in the games. The gold medal-winning roster of the country's national esports team became the first players to be granted the exemption.[42]

A total of 220 exemptions were granted from 2008 to 2018.[32]

Exemptions are also granted to classical musicians and ballet performers who win first place in stipulated international-level competitions. A two-year extension for notable K-pop artists (from a law that was passed in December 2020) could also be given by government for their career, the age for joining military is 30 (which previously was 28). Some resources and media outlets claim that the primary reason for this amendment was singer-songwriter Jin, who, at the time, was about to turn 28.[43][44] As his group BTS has had a huge impact (especially in the music industry) worldwide and contributed greatly to the spread of Korean culture and the Hallyu Wave, exemptions for them were in talks for a few years.[45][46] Despite this, BTS' record label, Big Hit Music, announced on October 17, 2022, that Jin withdrew his enlistment deferral request and will be the first in the group to enter into mandatory military service, with other members of BTS to be enlisted on a later date.[47]

Conscientious objection

The right to conscientious objection was not recognized in South Korea until recently. Over 400 men were typically imprisoned at any given time for refusing military service for political or religious reasons in the years before right to conscientious objection was established.[48]

On 28 June 2018, the South Korean Constitutional Court ruled the Military Service Act unconstitutional and ordered the government to accommodate civilian forms of military service for conscientious objectors.[49] Later that year on 1 November 2018, the South Korean Supreme Court legalized conscientious objection as a basis for rejecting compulsory military service.[50]

Salary and benefits

Salary per month in 2017[51]

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ163,000

โ‚ฉ176,400

โ‚ฉ195,500

โ‚ฉ216,000

Salary per month in 2018

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ306,100

โ‚ฉ331,300

โ‚ฉ366,200

โ‚ฉ405,700

Salary per month in 2019

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ306,100

โ‚ฉ331,300

โ‚ฉ366,200

โ‚ฉ405,700

Salary per month in 2020

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ408,100

โ‚ฉ441,700

โ‚ฉ488,200

โ‚ฉ540,900

Salary per month in 2021

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ459,100

โ‚ฉ496,900

โ‚ฉ549,200

โ‚ฉ608,500

Salary per month in 2022

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ510,100

โ‚ฉ552,100

โ‚ฉ610,200

โ‚ฉ676,100

Salary per month in 2023

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ600,000

โ‚ฉ680,000

โ‚ฉ800,000

โ‚ฉ1,000,000

Equipment

The Ministry of National Defense has revealed that it failed to provide sneakers to 7,411 recruits who joined the military from 22 May to 4 June 2012, after the budget was insufficient for need. The Defense ministry originally projected the cost of each pair of sneakers to be 11,000 KRW. However, the actual cost turned out to be 15,000 KRW.[52]

The office of National Assembly member Kim Kwang-jin of Democratic United Party revealed that cadets in Korea Military Academy were provided with sneakers worth 60,000 KRW and tennis shoes. Cadets in Korea Army Academy at Yeongcheon were provided with sneakers worth 64,250 KRW, in addition to running shoes and soccer shoes.[53]

Dual citizens

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[54] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[55] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[56]

Racial minorities

In 2011, the government dropped race-based requirements for mix-raced Korean nationals conscripted into the armed forces.[57] However, there currently is no law allowing non-ethnic Korean citizens conscription into the armed forces. All naturalized citizens and citizens not of partial Korean ethnicity have a choice of whether to enlist or not.

Controversies

Violation of Forced Labour Convention

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[58] However, ILO defines conscription of non-military purpose as forced labour.[59]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. A majority (+90%) of the "Reserve - class 4 -" group work as "social service agents" (์‚ฌํšŒ๋ณต๋ฌด์š”์›), and earn far less than the minimum legal wage at various fields, including government offices, subway stations, tax offices, post offices, and sanitaria.[58]

In April 2021, South Korea ratified the Forced Labour Convention, but conscription remained in place. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4" now have the right to decide their methods of conscription between soldiers with active duty and "social service agents".[58] However, ILO continues to argue that enforcing "reserve - class 4-" to work as a "social service agent" is a violation of the Forced Labour Convention.[58]

Hazing

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

In recent years, the South Korean government has been preparing a policy to lower conscription standards for mental and physical conditions that were previously considered exempt, in light of concerns that the country's low birthrate will lead to fewer conscripts; South Korea had the lowest fertility rate in the world in both 2020 and 2021.[60] Experts have stated that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[61]

Draft evasion

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[62][63] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[64][65] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[66] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. He had already obtained U.S. permanent residency and, in order to evade military service, went to Los Angeles, where he acquired citizenship within two months, subsequently renouncing his Korean nationality. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[67] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[68] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[69] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[70] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[71]

See also

flag South Korea portal

Forced Labour Convention

Supplementary service in South Korea

Social service agent

Conscription in North Korea

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#49248897)



Reply Favorite

Date: April 27th, 2023 9:32 PM
Author: metal whorehouse bbw

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(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46246689)



Reply Favorite

Date: April 28th, 2023 9:45 AM
Author: metal whorehouse bbw

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(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46247732)



Reply Favorite

Date: April 29th, 2023 12:47 AM
Author: metal whorehouse bbw

couldnt gg but rolling deep again tonight

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(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46250788)



Reply Favorite

Date: April 29th, 2023 1:18 AM
Author: Curious umber den

do you compete against your own crew kinda?

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46250845)



Reply Favorite

Date: April 29th, 2023 1:27 AM
Author: metal whorehouse bbw

no one pulls like i do, so i always take the lions share

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(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46250861)



Reply Favorite

Date: April 29th, 2023 7:14 AM
Author: metal whorehouse bbw

Heading over in a couple of hours. Gonna be a great hunt, I can feel it.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46251101)



Reply Favorite

Date: April 30th, 2023 12:28 AM
Author: metal whorehouse bbw

Smashed. Lol.

She was on her period and for some reason wanted me to fuck her bareback. Pussy smelled horrid so I wrapped my shit up LMAO.

Going hard again tonight too - tomorrow is a required holiday!

LETS FUCKING GO

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46253302)



Reply Favorite

Date: April 30th, 2023 12:29 AM
Author: Curious umber den

reading this made me gay

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46253304)



Reply Favorite

Date: April 30th, 2023 12:52 AM
Author: metal whorehouse bbw

Not sure how I have the energy to go back to back to back at my age but I'm still out here crushing Gangnam. Haven't skipped a beat Lol.

We out here poppin bottles my nigga lol

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46253325)



Reply Favorite

Date: April 30th, 2023 12:54 AM
Author: Filthy Psychic

pics?

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46253327)



Reply Favorite

Date: April 30th, 2023 2:24 AM
Author: metal whorehouse bbw



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46253451)



Reply Favorite

Date: April 30th, 2023 12:36 AM
Author: diverse turdskin

This reads like a parody



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46253316)



Reply Favorite

Date: April 30th, 2023 12:53 AM
Author: metal whorehouse bbw

hottest girl from last night isnt checking her texts, which is lame. she was a legit 9.5

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(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46253326)



Reply Favorite

Date: July 31st, 2023 9:48 PM
Author: Clear tattoo

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46614251)



Reply Favorite

Date: April 30th, 2023 7:11 AM
Author: metal whorehouse bbw

THREE-PEAT CONFIRMED. Heading over soon. Three nights in a row baby.

Wish me luck, xoxo!

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46253538)



Reply Favorite

Date: April 30th, 2023 9:36 PM
Author: metal whorehouse bbw

got very, very close with 2-3 girls. couldnt gg tho.

table was cheap last night bc it was Sunday so who am I to complain. Lol.

theres always next weekend baby!

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46256044)



Reply Favorite

Date: May 1st, 2023 11:07 AM
Author: metal whorehouse bbw

smashed a club girl from last nights hunt. came over and we got dinner at a place in my building - thank god it was open today

drank during dinner then brought her up to my apt and drank more

then gg. legit hottie too - like a 7.5 awwww yeah

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46257124)



Reply Favorite

Date: July 31st, 2023 9:35 PM
Author: Clear tattoo

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46614143)



Reply Favorite

Date: April 30th, 2023 7:39 AM
Author: Mildly Autistic House Prole

Aren’t you on Test? You’re all over this thread bragging about how your body is just as good as your 20s and you don’t know why you still have the energy to go back to the club, but you omit the reason? And that it’s made you sterile — quite a price to pay.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46253560)



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Date: April 30th, 2023 7:43 AM
Author: metal whorehouse bbw

i did a 6 mo TRT cycle a couple years ago and i documented the entire cycle in a separate thread, as you remember

nat test kicked in a while ago. will go back on TRT once i hit 40. its a no brainer for older doods.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46253564)



Reply Favorite

Date: April 30th, 2023 7:54 AM
Author: Mildly Autistic House Prole

You were going insane about how amazing it was. No way you did one 6 month cycle then stopped, only to then admit you’ll be on it again in a few years.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46253579)



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Date: April 30th, 2023 8:23 AM
Author: metal whorehouse bbw

literally quit cold turkey after 6 mos on. no PCTs, nothing. TRT dosages are weak relatively speaking

fine now

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46253630)



Reply Favorite

Date: April 30th, 2023 9:06 AM
Author: very tactful shaky blood rage

Can't decide which is funnier - you storming a nightclub with people your age or you storming it with a bunch of 22 year olds

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46253701)



Reply Favorite

Date: April 30th, 2023 9:37 PM
Author: metal whorehouse bbw

fairly certain at least 5-10% of the girls are underage. youngest club rat ive fucked was 18 and barely legal. hard to find 18-21 yr olds but i fucking live for that shit.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46256046)



Reply Favorite

Date: July 31st, 2023 9:32 PM
Author: Clear tattoo

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46614113)



Reply Favorite

Date: July 31st, 2023 9:32 PM
Author: Clear tattoo

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46614126)



Reply Favorite

Date: May 2nd, 2023 10:06 PM
Author: metal whorehouse bbw

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(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46263720)



Reply Favorite

Date: July 31st, 2023 9:34 PM
Author: Clear tattoo

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46614127)



Reply Favorite

Date: May 3rd, 2023 7:31 PM
Author: metal whorehouse bbw

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(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46267117)



Reply Favorite

Date: May 4th, 2023 9:35 PM
Author: metal whorehouse bbw

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(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46271704)



Reply Favorite

Date: July 31st, 2023 9:48 PM
Author: Clear tattoo

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46614129)



Reply Favorite

Date: May 5th, 2023 7:52 AM
Author: metal whorehouse bbw

Heading to the club in a couple.

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(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46272578)



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Date: May 5th, 2023 9:50 PM
Author: metal whorehouse bbw

Spent most of last night focused on a 21 year old 9. Got a handjob at the table, made out, etc. but couldn't gg.

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(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46275597)



Reply Favorite

Date: May 5th, 2023 9:51 PM
Author: Naked gas station

Let'$ fun

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46275598)



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Date: May 5th, 2023 9:51 PM
Author: metal whorehouse bbw

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(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46275601)



Reply Favorite

Date: May 5th, 2023 10:42 PM
Author: Mildly Autistic House Prole

Laugh so hard every time this gets bumped thinking about some 40 year old roided out gook with shriveled balls going HARD with a bunch of 20-something corporate drones knocking back soju shots.

It somehow makes UVT and JJC look less pathetic by comparison.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46275819)



Reply Favorite

Date: May 5th, 2023 10:44 PM
Author: Carmine Gay Wizard



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46275824)



Reply Favorite

Date: May 5th, 2023 10:46 PM
Author: metal whorehouse bbw

the club game has definitely changed, that much almost everyone in my crew is in agreement, especially the older ones. we were around when western style club culture first entered korea. megaclubs are relics now...

that era is never coming back, sadly. but clubs as they stand now, are still the best value by far, and nothing else even comes close.

we pregame w/ soju but LOLLERCAUSTING@ you thinking gangnam clubs serve soju

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46275833)



Reply Favorite

Date: May 5th, 2023 10:48 PM
Author: Carmine Gay Wizard

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(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46275842)



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Date: May 5th, 2023 10:52 PM
Author: metal whorehouse bbw

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(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46275851)



Reply Favorite

Date: May 5th, 2023 10:56 PM
Author: Carmine Gay Wizard

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(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46275858)



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Date: May 5th, 2023 10:56 PM
Author: metal whorehouse bbw

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(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46275859)



Reply Favorite

Date: May 6th, 2023 9:31 PM
Author: metal whorehouse bbw

So last night was pretty epic.

Fucked that one 21 year old 9 from Friday night's hunt.

But since I had already committed to last night's hunt my boys had to enter early without me, and I came way past peak, which sucks bc I threw in like 300 for the table.

In fact, I came so late I only got 1 pair of digits lol. Gave all the girls I pulled to my crew bc they were pissed I came late Lmao.

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(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46278972)



Reply Favorite

Date: May 7th, 2023 5:10 AM
Author: metal whorehouse bbw

Meeting the 21 year old 9 again tonight.

She lives far as fuck from Seoul which absolutely sucks and if it were any other girl I'd pass but she's worth leaving Seoul for Lol.

Feel like the luckiest guy in the world right now AWWWW YEAH!

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46279755)



Reply Favorite

Date: September 9th, 2025 9:05 PM
Author: sick love of her life

Conscription in South Korea

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First conscription examination, conducted on 16 December 1949 after liberation from Japan's colonial rule

Conscription

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1780 caricature of a press gang

Related concepts

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Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male citizen of the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

Enlistment and impairment-disability evaluation

By law, when a South Korean man turns 18 years old, he is enlisted for "first citizen service," meaning he is liable for military duty, but is not yet required to serve.[10][11] When he turns 19 years old (or, in some instances, 20 years old), he is required to undergo an Impairment & Disability evaluation to determine whether he is suitable for military service. The table below shows the evaluation's possible grades and their outcomes, according to the Military Service Act.[12] Men must enlist by the time they turn 28.[13]

Grade Description Outcome

1, 2, 3 "Those whose physical and psychological constitution is healthy enough to perform actively in army." "To be enlisted for active duty service, supplemental service or the second citizen service, based on their qualifications, such as educational background and age."

4 "Those whose physical and psychological constitution is not so healthy for active training but capable of doing supplemental service for civilians as replacements

(This is a common grade for people with minor disabilities)."

"To be enlisted for supplemental service or the second citizen service, based on their qualifications, such as educational background and age."

5 "Those incapable of entering active or supplemental service, but capable of entering the second citizen service

(This is a common grade for people with disabilities)."

"To be enlisted for the second citizen service."

6 "Those incapable of performing military service due to any disease or mental or physical incompetence

(This is a common grade for people with severe disabilities)."

"To be exempted from military service."

7 "Those unable to be graded...due to any disease or mental or physical incompetence." "To undergo a follow-up physical examination" within two years.

Term of South Korea military service

Areas Notation of military service relevant regulation Commonly used terms Meaning

English Korean English Korean

Conscription examination Draft Physical Examination ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ

์ง•๋ณ‘๊ฒ€์‚ฌ

์ง•๋ณ‘์‹ ์ฒด๊ฒ€์‚ฌ Conscription Examination

Military Service Judgment Examination

Physical Examination(PE) ์ง•๋ณ‘๊ฒ€์‚ฌ

๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ

์‹ ์ฒด๊ฒ€์‚ฌ(์‹ ๊ฒ€)

Physical Grade ์‹ ์ฒด๋“ฑ๊ธ‰

์‹ ์ฒด๋“ฑ์œ„ Physical Grade ์‹ ์ฒด๋“ฑ๊ธ‰

Grade I

Grade II

Grade III

Grade IV

Grade V

Grade VI

Grade VII 1๊ธ‰

2๊ธ‰

3๊ธ‰

4๊ธ‰

5๊ธ‰

6๊ธ‰

7๊ธ‰ Grade 1

Grade 2

Grade 3

Grade 4

Grade 5

Grade 6

Grade 7 1๊ธ‰

2๊ธ‰

3๊ธ‰

4๊ธ‰

5๊ธ‰

6๊ธ‰

7๊ธ‰

— ๊ฐ‘์ข…

์ œ1์„์ข…

์ œ2์„์ข…

์ œ3์„์ข…

๋ณ‘์ข…

์ •์ข…

๋ฌด์ข… Grade A

Grade B-1

Grade B-2

Grade B-3

Grade C

Grade D

Grade E ๊ฐ‘์ข…

1์„์ข…

2์„์ข…

3์„์ข…

๋ณ‘์ข…

์ •์ข…

๋ฌด์ข… Physical grades names from Before 1984

- Disposition for military service

- Type of service Preliminary Military Service

First militia Service

First Citizen Service ๋ณ‘์—ญ์ค€๋น„์—ญ

์ œ1๊ตญ๋ฏผ์—ญ Preliminary Military Service

1st Citizen Service ๋ณ‘์—ญ์ค€๋น„์—ญ

์ œ1๊ตญ๋ฏผ์—ญ

Active Service ํ˜„์—ญ Active ํ˜„์—ญ

Reserve Service ์˜ˆ๋น„์—ญ Reserve Service ์˜ˆ๋น„์—ญ

Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ

Supplementary Service

Supplemental Service

Recruit Service ๋ณด์ถฉ์—ญ Supplementary Service ๋ณด์ถฉ์—ญ

Wartime labor service

Second militia Service

Second Citizen Service ์ „์‹œ๊ทผ๋กœ์—ญ

์ œ2๊ตญ๋ฏผ์—ญ Exemption from Military Service in Ordinary time

Exemption from Ordinary time ํ‰์‹œ๋ณ‘์—ญ๋ฉด์ œ

ํ‰์‹œ๋ฉด์ œ

Exemption from Military service ๋ณ‘์—ญ๋ฉด์ œ Exemption from All Military Service

All exemption ๋ณ‘์—ญ์™„์ „๋ฉด์ œ

์™„์ „๋ฉด์ œ

Removal from Military Register ๋ณ‘์—ญ์ œ์  Exemption from All Military Service by Criminal record

All exemption from Criminal record ์ „๊ณผ์— ์˜ํ•œ ๋ณ‘์—ญ์™„์ „๋ฉด์ œ

์ „๊ณผ์— ์˜ํ•œ ์™„์ „๋ฉด์ œ

์ „๊ณผ๋กœ ๋ณ‘์—ญ์™„์ „๋ฉด์ œ

์ „๊ณผ๋กœ ์™„์ „๋ฉด์ œ In the case of being sentenced to more than 6 years in prison under the ROK Military service act, it was Removal from Military service registration.[14]

Disposition for subject to active duty, service, etc. Enlisted in Active Service ํ˜„์—ญ์ž…์˜๋Œ€์ƒ Active duty

Subject to Enlist

Subject to Conscription

Subject to Draft ํ˜„์—ญ๋Œ€์ƒ

ํ˜„์—ญ์ž…์˜๋Œ€์ƒ

์ง•๋ณ‘๋Œ€์ƒ

Called for Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ์†Œ์ง‘๋Œ€์ƒ Subject to Called for Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ์†Œ์ง‘๋Œ€์ƒ

Disposition for subject to supplementary service callup, service, etc. Called for Defense ๋ฐฉ์œ„์†Œ์ง‘๋Œ€์ƒ Called for Defense ๋ฐฉ์œ„์†Œ์ง‘๋Œ€์ƒ Defense Call-up(Defense soldier call-up) is classified as a supplementary service from 1969 to 1994. It was in the form of commuting from home to Military unit(or Police station, Police box, Conscription part of Town office).

— ๋ฐฉ์œ„๋ณ‘ Defense Soldier ๋ฐฉ์œ„๋ณ‘

Called for Public Interest Service ๊ณต์ต๊ทผ๋ฌด์š”์›์†Œ์ง‘๋Œ€์ƒ Called for Public Service ๊ณต์ต๋ณต๋ฌด์š”์› ์†Œ์ง‘๋Œ€์ƒ

Called for Social Service ์‚ฌํšŒ๋ณต๋ฌด์š”์›์†Œ์ง‘๋Œ€์ƒ Called for Social Service ์‚ฌํšŒ๋ณต๋ฌด์š”์› ์†Œ์ง‘๋Œ€์ƒ

Public interest service Personnel ๊ณต์ต๊ทผ๋ฌด์š”์› Social Service Personnel ๊ณต์ต๊ทผ๋ฌด์š”์›

Social Service Personnel ์‚ฌํšŒ๋ณต๋ฌด์š”์› Social Service Personnel ์‚ฌํšŒ๋ณต๋ฌด์š”์›

Certificate of Military Registration

Certificate of Military Registration data notation[15][16]

English Korean

Name Hong Gil-dong ํ™ ๊ธธ๋™

Kim Han-guk ๊น€ ํ•œ๊ตญ

Birth date 12 Mar. 1979 790312

28 Mar. 2001 2001. 3.28

Physical grade Grade I, II, III, IV, V, VI, VII 1, 2, 3, 4, 5, 6, 7๊ธ‰

Draft Physical Examination Omitted ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์ƒ๋žต

Disposition for military service Preliminary Military Service ๋ณ‘์—ญ์ค€๋น„์—ญ

Subject to Draft Physical Examination ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ๋Œ€์ƒ

Active Service ํ˜„์—ญ

Enlisted in Active Service ํ˜„์—ญ๋ณ‘์ž…์˜๋Œ€์ƒ

Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ

Called for Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ์†Œ์ง‘๋Œ€์ƒ

Supplementary Service ๋ณด์ถฉ์—ญ

Called for Social Service ์‚ฌํšŒ๋ณต๋ฌด์š”์›์†Œ์ง‘๋Œ€์ƒ

Alternative Service ๋Œ€์ฒด์—ญ

Called for alternative service ๋Œ€์ฒด๋ณต๋ฌด์š”์›์†Œ์ง‘๋Œ€์ƒ

Reserve Service ์˜ˆ๋น„์—ญ

Subject to Follow-up Physical Examination ์žฌ์‹ ์ฒด๊ฒ€์‚ฌ๋Œ€์ƒ

Wartime Labor Service ์ „์‹œ๊ทผ๋กœ์—ญ

Exemption from Military Service ๋ณ‘์—ญ๋ฉด์ œ

Removal from Military Register ๋ณ‘์ ์ œ์ (6๋…„์ด์ƒ์ˆ˜ํ˜•)

Reason of disposition An only son ๋…์ž

Wounded in action or injured in the line of duty ์ „·๊ณต์ƒ

(Family member) wounded in action or injured in the line of duty (๊ฐ€์กฑ)์ „·๊ณต์ƒ

Difficulties in Earning a Livelihood ์ƒ๊ณ„์œ ์ง€๊ณค๋ž€

Not Completing Middle School ์ค‘ํ•™๊ต ์ค‘ํ‡ด์ดํ•˜

Long-term Waiting ์žฅ๊ธฐ๋Œ€๊ธฐ

Emigration ๊ตญ์™ธ์ด์ฃผ(์ด๋ฏผ)

Acquisition of the Permanent Residence Right ์˜์ฃผ๊ถŒ์ทจ๋“

Loss of nationality ๊ตญ์ ์ƒ์‹ค

Thirty-one years of age or older 31์„ธ์ด์ƒ

Thirty-six years of age or older 36์„ธ์ด์ƒ

Remaining in Physical Grade VII for one year or longer 7๊ธ‰1๋…„์ด์ƒ

Remaining in Physical Grade VII for two year or longer 7๊ธ‰2๋…„์ด์ƒ

Naturalization ๊ท€ํ™”

Multiracial child ํ˜ผํ˜ˆ์•„

Serving a sentence ์ˆ˜ํ˜•

Child born out of wedlock ํ˜ผ์ธ์™ธ ์ถœ์ƒ์ž

Excluded from the Public ์ œ์™ธ

Immigrated from the North of the Military Demarcation Line ๊ตฐ์‚ฌ๋ถ„๊ณ„์„  ์ด๋ถ์ง€์—ญ์—์„œ ์ด์ฃผ

Boot camp Army Recruit Training Center ์œก๊ตฐ ํ›ˆ๋ จ์†Œ

OO Replacement Center OO ๋ณด์ถฉ๋Œ€

OO Division OO ์‚ฌ๋‹จ

Draft examination Postponement of Draft Physical Examination (Studying Abroad) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(์œ ํ•™)

Postponement of Draft Physical Examination (Seafarer) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(์„ ์›)

Postponement of Draft Physical Examination (Residing Abroad) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(๊ตญ์™ธ์ด์ฃผ)

Postponement of Draft Physical Examination (Emigration) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(๊ตญ์™ธ๊ฑฐ์ฃผ)

Postponement of Draft Physical Examination (In Prison) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(์žฌ๊ฐ)

Evasion of Draft Physical Examination ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ ๊ธฐํ”ผ

Enlist of active Postponement of Conscription (Student) ์ž…์˜์—ฐ๊ธฐ(์žฌํ•™์ƒ)

Postponement of Conscription (Studying Abroad) ์ž…์˜์—ฐ๊ธฐ(์œ ํ•™)

Postponement of Conscription (Residing Abroad) ์ž…์˜์—ฐ๊ธฐ(๊ตญ์™ธ๊ฑฐ์ฃผ)

Postponement of Conscription (Emigration) ์ž…์˜์—ฐ๊ธฐ(๊ตญ์™ธ์ด์ฃผ)

Postponement of Conscription (Training in Research Institute) ์ž…์˜์—ฐ๊ธฐ(์—ฐ์ˆ˜)

Postponement of Conscription (Outstanding Athlete) ์ž…์˜์—ฐ๊ธฐ(์šฐ์ˆ˜์—ฐ์ˆ˜)

Postponement of Conscription Date ์ž…์˜์ผ์ž ์—ฐ๊ธฐ

Homecoming after Conscription ์ž…์˜ํ›„ ๊ท€๊ฐ€

Subject to Notice of Re-Conscription ์žฌ์ž…์˜ํ†ต์ง€๋Œ€์ƒ

Domestic Reason ๊ฐ€์‚ฌ์‚ฌ์ •

Employed Abroad ๊ตญ์™ธ์ทจ์—…

Residing in an Unreclaimed Area ๋ฏธ์ˆ˜๋ณต์ง€๊ตฌ๊ฑฐ์ฃผ

Application for Military Service ๊ตฐ ์ง€์›

Evasion of Conscription ์ž…์˜๊ธฐํ”ผ

Missing ํ–‰๋ฐฉ๋ถˆ๋ช…

(Medical/Judicial/Religious) Officer/Cadet Officer (์˜๋ฌด/๋ฒ•๋ฌด/๊ตฐ์ข…)์žฅ๊ต/์‚ฌ๊ด€ํ›„๋ณด์ƒ

Basic Branch Officer ๊ธฐ๋ณธ๋ณ‘๊ณผ์žฅ๊ต

Noncommissioned Cadet Officer ๋ถ€์‚ฌ๊ด€ ํ›„๋ณด์ƒ

Enlistment in OO OO ํŽธ์ž…

Removed from OO OO ์ œ์ 

Call of supplementary service, etc. Postponement of Call (Student) ์†Œ์ง‘์—ฐ๊ธฐ(์žฌํ•™์ƒ)

Postponement of Call (Studying Abroad) ์†Œ์ง‘์—ฐ๊ธฐ(์œ ํ•™)

Postponement of Call (Seafarer) ์†Œ์ง‘์—ฐ๊ธฐ(์„ ์›)

Postponement of Call (Residing Abroad) ์†Œ์ง‘์—ฐ๊ธฐ(๊ตญ์™ธ๊ฑฐ์ฃผ)

Postponement of Call (Emigration) ์†Œ์ง‘์—ฐ๊ธฐ(๊ตญ์™ธ์ด์ฃผ)

Postponement of Call (Training in Research Institute) ์†Œ์ง‘์—ฐ๊ธฐ(์—ฐ์ˆ˜)

Postponement of Call (Outstanding Athlete) ์†Œ์ง‘์—ฐ๊ธฐ(์šฐ์ˆ˜์—ฐ์ˆ˜)

Postponement of Call Date ์†Œ์ง‘์ผ์ž์—ฐ๊ธฐ

Exemption from Call ์†Œ์ง‘๋ฉด์ œ

Evasion from Call ์†Œ์ง‘๊ธฐํ”ผ

Enlistment in OO (์‚ฐ์—…์š”์›๋“ฑ)ํŽธ์ž…

Cancellation of Enlistment in OO OO ํŽธ์ž…์ทจ์†Œ

Advance Service ์„ ๋ณต๋ฌด

Social Service Personnel ์‚ฌํšŒ๋ณต๋ฌด์š”์›

International Cooperation Service Personnel ๊ตญ์ œํ˜‘๋ ฅ๋ด‰์‚ฌ์š”์›

Art and Sports Personnel ์˜ˆ์ˆ ์ฒด์œก์š”์›

Expert Research Personnel ์ „๋ฌธ์—ฐ๊ตฌ์š”์›

Industrial Technical Personnel ์‚ฐ์—…๊ธฐ๋Šฅ์š”์›

International Cooperative Doctor ๊ตญ์ œํ˜‘๋ ฅ์˜์‚ฌ

Public-Service Advocate ๊ณต์ต๋ฒ•๋ฌด๊ด€

Public Health Doctor ๊ณต์ค‘๋ณด๊ฑด์˜์‚ฌ

Doctor Exclusively in Charge of Draft Physical Examination ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์ „๋‹ด์˜์‚ฌ

Onboard Ship Reserve Service ์Šน์„ ๊ทผ๋ฌด์˜ˆ๋น„์—ญ

Alternative Service Personnel ๋Œ€์ฒด๋ณต๋ฌด์š”์›

Others Ban on foreign travel (a person who has stayed in the country for one year or longer) ์ถœ๊ตญ๊ธˆ์ง€(1๋…„์ด์ƒ ๊ตญ๋‚ด์ฒด์žฌ)

Removal of the ban on foreign travel (others)

Jehovah's Witnesses ์—ฌํ˜ธ์™€์˜ ์ฆ์ธ

Departure before age 24 24์„ธ์ด์ „์ถœ๊ตญ

Period of Mandatory Service ์˜๋ฌด๋ณต๋ฌด๊ธฐ๊ฐ„

Exclusion from the Military Service ๊ตฐ๋ณต๋ฌด ์ œ์™ธ๊ธฐ๊ฐ„

Short-term overseas travel ๋‹จ๊ธฐ์—ฌํ–‰

Illegal stay in a foreign country ๊ตญ์™ธ๋ถˆ๋ฒ•์ฒด์žฌ

Violation of duty to obtain permission for overseas travel ๊ตญ์™ธ์—ฌํ–‰ํ—ˆ๊ฐ€์˜๋ฌด์œ„๋ฐ˜

Forces Army ์œก๊ตฐ

Navy ํ•ด๊ตฐ

Air Force ๊ณต๊ตฐ

Marine, Subordinate to ROK Navy ํ•ด๋ณ‘๋Œ€

Expiration date Indefinite ๋ฌด๊ธฐํ•œ

6 Months 6์›”

Type of service Reserve Service ์˜ˆ๋น„์—ญ

Recruit Service ๋ณด์ถฉ์—ญ

Exemption from the Service ๋ฉด์—ญ

Retirement from the Service ํ‡ด์—ญ

Removal from Military Register ๋ณ‘์ ์ œ์ 

Discharge Discharge from Military Service ์ „์—ญ

Discharge from Military Service by Application ์›์— ์˜ํ•œ ์ „์—ญ

Forced Discharge from Military Service ์›์— ์˜ํ•˜์ง€ ์•„๋‹ˆํ•œ ์ „์—ญ

Home on Leave from Military Service ๊ท€ํœด์ „์—ญ

Discharge from Military Service as Woman ์—ฌ๊ตฐ์ „์—ญ

Completion of Service ๋ณต๋ฌด๋งŒ๋ฃŒ

Completion of Service(Release from Call) ๋ณต๋ฌด๋งŒ๋ฃŒ(์†Œ์ง‘ํ•ด์ œ)

Completion of Military Service ๋งŒ๊ธฐ

Age Limit ์—ฐ๋ น์ •๋…„

Disease ์˜๋ณ‘

Domestic Reason ๊ฐ€์‚ฌ์‚ฌ์ •(์˜๊ฐ€์‚ฌ)

Difficulties in Maintaining Household ์ƒ๊ณ„๊ณค๋ž€

An only son ๋…์ž

wounded in action or injured in the line of duty ์ „·๊ณต์ƒ

Emigration ๊ตญ์™ธ์ด์ฃผ

Disqualification ์‹ ๋ถ„์ƒ์‹ค

Exclusion to the Public ์ œ์™ธ

Secession from Military Service ๊ตฐ๋ณต๋ฌด์ดํƒˆ(์‚ญ์ œ)

Removal from the Army Register ๊ตฐ ์ œ์ 

Self-Surrender ์ž์ˆ˜์‹ ๊ณ 

National Land Construction Corps ๊ตญํ† ๊ฑด์„ค๋‹จ

Volunteer Soldier as a Student ํ•™๋„์˜์šฉ๊ตฐ

Military Service Act ๋ณ‘์—ญ๋ฒ•

Enforcement Decree of Military Service Act ๋ณ‘์—ญ๋ฒ•์‹œํ–‰๋ น

Detailed Enforcement Regulation of Military Service Act ๋ณ‘์—ญ๋ฒ• ์‹œํ–‰๊ทœ์น™

Combatant police, etc. Combatant Police Officer ์ „ํˆฌ๊ฒฝ์ฐฐ

Auxiliary Police Officer ์˜๋ฌด๊ฒฝ์ฐฐ

Obligatory Fireman ์˜๋ฌด์†Œ๋ฐฉ

Coast Guard ํ•ด์–‘๊ฒฝ์ฐฐ

Correctional Guard ๊ฒฝ๋น„๊ต๋„

Legal Military service age

The age standard is from January 1 to December 31 of the year of age.

โ– : Age group of Mandatory Military service

โ– : Age group of Mandatory Military service in Wartime

Age Mandatory military service Duty of conscription examination and enlist, etc. Type of service Note

17 or younger Military Manpower Administration takes over the Identity registration data of persons (17-year-old male) who are enrollment to Military Service Registration(Assignment the Preliminary Military Service) in the following year from the Ministry of the Interior, and transmits them to the Local Military Manpower Office.

18 Subject for Mandatory Military service of Peacetime No, but voluntary enlistment possible.

- Assignment the Preliminary Military Service.

- Persons with disabilities registered under the Disabled registration system is Wartime Labor Service or Exemption from Military Service.Note 1

1.Age group subject to Civil Defense Corps under the Framework Act on Civil Defense from the age of 20[17]

2.Subject to a return order from the chief of staff of each military if he desertied while serving on the basis of active duty soldiers.

3.Reserve soldiers and Completed their service Supplementary soldiers in the Age group of Exemption from Duty of conscription examination and enlist, etc.(38 to 40 years old, 38 to 45 years old in Wartime) can be assigned to the Reserve Force according to the Reserve Forces Act on a wartime basis.[18]

19 to 35 All Military service obligators are obligated to Conscription examination and Enlist/Call-up(Passed person from Conscription examination. Active duty is Enlist, Supplementary Service is Call-up) 1.According to the results of the Conscription examination.(Military Disposition. Active duty, Supplementary service, Wartime labor service or Exempted from Military service)

2.When the Mandatory service(Active service) period is completed, they are transferred to reserve service.

36 to 37 1.In the peacetime, General Military service obligators are no Conscription examination and Enlist/Call-up

2.In the peacetime, Military Service Act Violators, Oversea stayer, etc. are obligated to Conscription examination. When disposed of as a Supplementary service, there is an Obligation to convene Public service.

3.In the wartime, All Military service obligators are obligated to enlist as conscription examination and active duty.

1.Same as above.

2.Military Service Act Violators, Overseas stayer, etc. are Subject to Supplementary service, Wartime Labor Service or Exempted from Military service according to the results of the Conscription examination.

38 to 40 In any case, No duty of Conscription Examination and Enlist. Same as above.

41 to 45 1.End of Mandatory Military service from Peacetime(Soldier ranks)

2.Extension of Mandatory Military service from Wartime Exemption from Service for Active Soldiers, Reserve Soldiers, Supplementary Soldiers, Wartime Labor Service in PeacetimeNote 2 Reserve soldiers and Completed their service Supplementary soldiers can be assigned to the Reserve Force according to the Reserve Forces Act on a Wartime basis.

46 or older End of Mandatory Military service from Peacetime and Wartime. Exemption from Service for Active, Reserve, Supplementary Soldiers, Wartime Labor Service in Peacetime and WartimeNote 2 Expanded 50 years of age for the Wartime Civil Defense Corps

Note 1: Some disabled person (mild disabled person). If the disability status of a disabled person changes at the age of 19, or if a reason for the return of the disabled registration card occurs, a Conscription Examination shall be performed.

Note 2:

Republic of Korea Armed Forces soldier (Byeong) ranks

English Korean

Army Navy Air Force Marine Corps

Sergeant Petty Officer Second Class Staff Sergeant Sergeant ๋ณ‘์žฅ

Corporal Petty Officer Third Class Senior Airman Corporal ์ƒ๋“ฑ๋ณ‘

Private First Class Seaman Airman First Class Lance Corporal ์ผ๋“ฑ๋ณ‘

Private Second Class Seaman Apprentice Airman Private First Class ์ด๋“ฑ๋ณ‘

Note 3: Retirement of Officers, Warrant officers, and Noncommissioned officers when they reach retirement age of rank from Military Personnel Management Act.[19]

History of military service age

1971 to 1984

Age Mandatory military service Duty of conscription examination and enlist, etc. Type of service

17 or younger — None. —

18 to 19 Subject for Mandatory Military service of Peacetime Assignment the 1st Citizen Service.

20 to 30 All Military service obligators are obligated to Conscription examination and Enlist/Call-up (Passed person from Conscription examination. Active duty is Enlist, Supplementary Service is Call-up) 1.According to the results of the Conscription examination. (Military Disposition. Active duty, Supplementary service, Wartime labor service or Exempted from Military service)

2.Those who are not Active (Serving), Reserve, or Supplementary Service are the 1st Citizen service.

3.When the Mandatory service (Active service) period is completed, they are transferred to Reserve service.

31 to 35 1.In peacetime, All Military Service Obligators (Including those Military Service Act Violators, Oversea stayer, etc.) are no Conscription examination, Enlist, Supplementary Service Call-up (Exemption from Call)Note 1

2.In the wartime, All Military service obligators are obligated to enlist as conscription examination and active duty. 1.Same as above.

2.The 1st Citizen service that has not been Conscription examination and those Subject to Active Enlist (Subject to draft) who have not been notified of Active draft are transferred to Supplementary service.

36 to 40 In any case, No duty of Conscription Examantion and Enlist.

41 to 45 1.End of Mandatory Military service from Peacetime (Soldier ranks)

2.Extension of Mandatory Military service from Wartime Exemption from Service for Active Soldiers, Reserve Soldiers, Supplementary Soldiers, Wartime Labor Service in PeacetimeNote 2

46 or older End of Mandatory Military service from Peacetime and Wartime. Exemption from Service for Active, Reserve, Supplementary Soldiers, 2nd Citizen Service in Peacetime and WartimeNote 2

Note 1: According to Article 7 of the Military Service Act Addenda in 1971, Military Service Act Violators(Conscription examination or Enlist refusers/dodgers) as of the enforcement year(1971) are obligated to Conscription examination and enlist.[20]

Note 2: Retirement of Officers, Warrant officers, and Noncommissioned officers when they reach retirement age of rank.

1984 to 1993

Age Mandatory military service Duty of conscription examination and enlist, etc. Type of service

17 or younger a 17-year-old person (17-year-old male) must report the incorporation of the 1st Citizen service to the Town mayor or Village Chief. No, But Possible the Voluntary enlist.

18 Subject for Mandatory Military service of Peacetime not enlisted from 1st Citizen Service

19 to 30 All Military service obligators are obligated to Conscription examination and Enlist/Call-up (Passed person from Conscription examination. Active duty is Enlist, Supplementary Service is Call-up) 1.According to the results of the Conscription examination. (Military Disposition. Active duty, Supplementary service, Wartime labor service or Exempted from Military service)

2.Those who are not Active (Serving), Reserve, or Supplementary Service are the 1st Citizen service.

3.When the Mandatory service (Active service) period is completed, they are transferred to Reserve service.

31 to 35 1.In the peacetime, All Military Service Obligators (Including those Military Service Act Violators, Oversea stayer, etc.) are no Conscription examination, Enlist, Supplementary Service Call-up (Exemption from Call)

2.In the wartime, All Military service obligators are obligated to enlist as conscription examination and active duty. 1.Same as above.

2.The 1st Citizen service that has not been Conscription examination and those Subject to Active Enlist (Subject to draft) who have not been notified of Active draft are transferred to Supplementary service.

36 to 40 In any case, No duty of Conscription Examantion and Enlist.

41 to 45 1.End of Mandatory Military service from Peacetime (Soldier ranks)

2.Extension of Mandatory Military service from Wartime Exemption from Service for Active Soldiers, Reserve Soldiers, Supplementary Soldiers, Wartime Labor Service in PeacetimeNote

46 or older End of Mandatory Military service from Peacetime and Wartime. Exemption from Service for Active, Reserve, Supplementary Soldiers, 2nd Citizen Service in Peacetime and WartimeNote

Note: Retirement of Officers, Warrant officers, and Noncommissioned officers when they reach retirement age of rank.

1994 to 2010

Age Mandatory military service Duty of conscription examination and enlist, etc. Type of service

17 or younger a 17-year-old person (17-year-old male) must report the incorporation of the 1st Citizen service to the Town mayor or Village Chief. (Before February 5, 1999)

Military Manpower Administration takes over the Identity registration data of persons (17-year-old male) who are enrollment to Military Service Registration (Assignment the Preliminary Military Service) in the following year from the Ministry of the Interior, and transmits them to the Local Military Manpower Office. (After February 5, 1999)

18 Subject for Mandatory Military service of Peacetime No, but voluntary enlistment is possible. Assignment the 1st Citizen Service.

Persons with disabilities registered under the Disabled registration system is Wartime Labor Service or Exemption from Military Service.

19 to 30 All Military service obligators are obligated to Conscription examination and Enlist/Call-up (Passed person from Conscription examination. Active duty is Enlist, Supplementary Service is Call-up) 1.According to the results of the Conscription examination. (Military Disposition. Active duty, Supplementary service, Wartime labor service or Exempted from Military service)

2.When the Mandatory service (Active service) period is completed, they are transferred to reserve service.

31 to 35 1.In the peacetime, General Military service obligators are no Conscription examination and Enlist/Call-up

2.In the peacetime, Military Service Act Violators, Oversea stayer, etc. are obligated to Conscription examination. When disposed of as a Supplementary service, there is an Obligation to convene Public service.

3.In the wartime, All Military service obligators are obligated to enlist as conscription examination and active duty.

1.Same as above.

2.Military Service Act Violators, Overseas stayer, etc. are Subject to Supplementary service, Wartime Labor Service or Exempted from Military service according to the results of the Conscription examination.

38 to 40 In any case, No duty of Conscription Examination and Enlist. Same as above.

41 to 45 1.End of Mandatory Military service from Peacetime (Soldier ranks)

2.Extension of Mandatory Military service from Wartime Exemption from Service for Active Soldiers, Reserve Soldiers, Supplementary Soldiers, Wartime Labor Service in PeacetimeNote

46 or older End of Mandatory Military service from Peacetime and Wartime. Exemption from Service for Active, Reserve, Supplementary Soldiers, Wartime Labor Service in Peacetime and WartimeNote

Note: Retirement of Officers, Warrant officers, and Noncommissioned officers when they reach retirement age of rank.

Determination criteria of physical grades

There are seven physical grades. Grade name is I, II, III, IV, V, VI and VII. Before 1984 grades name is A, B (respectively B-I, B-II, B-III), C, D and E

Before 1984 After 1984

Name Korean Name Korean

Grade A ๊ฐ‘์ข… Grade I 1๊ธ‰

Grade B-I ์ œ1์„์ข… Grade II 2๊ธ‰

Grade B-II ์ œ2์„์ข… Grade III 3๊ธ‰

Grade B-III ์ œ3์„์ข… Grade IV 4๊ธ‰

Grade C ๋ณ‘์ข… Grade V 5๊ธ‰

Grade D ์ •์ข… Grade VI 6๊ธ‰

Grade E ๋ฌด์ข… Grade VII 7๊ธ‰

I, II, III and IV is Accepted, and grades V, VI and VII is Rejected.

The criteria for determining the physical grade shall be in accordance with Attached form 2 and 3 of the "Rules for examination of Conscription Physical Examination, etc.(๋ณ‘์—ญํŒ์ • ์‹ ์ฒด๊ฒ€์‚ฌ ๋“ฑ ๊ฒ€์‚ฌ๊ทœ์น™ [ko])" Attached form 2 sets the criteria for determining height and weight. Attached form 3 is the evaluation criteria for diseases and mental and physical disabilities, which vary from year to year.

In the following criteria, diseases and mental and physical disabilities are described mainly as representative or known.

Physical grades Accepted or Rejected Standards[21] Type of military service[22]

I Accepted Physical and Psychological constitution is healthy, and can serve in active duty or supplementary service.

Active duty, Supplementary service, and Wartime labor service based on Qualifications (Educational background, Age, etc.)

2

3

4

5 Rejected Those incapable of entering active or supplementary service, but capable of entering the wartime labor service Wartime labor service

6 Those incapable of performing military service due to disease or mental or physical disorder Exempted from Military service

7 In the case where grades I, II, III, IV, V, VI cannot be received due to Disease or Mental and Physical disability Subject to Rephysical examination

Physical grade Height (centimeters), weight (BMI) Disease or disabled

I

Height 161๏ฝž203.9 cm๏ผšBMI20.0๏ฝž24.9

A completely healthy person without illness or physical disability

Those in good condition after treatment of acute infectious diseases

II

Height 161๏ฝž203.9 cm๏ผšBMI18.5๏ฝž19.9ใƒปBMI25.0๏ฝž29.9

Allergic rhinitis

III

Height 159๏ฝž160 cm๏ผšBMI16.0๏ฝž34.9

Height 161๏ฝž203.9 cm๏ผšBMI16.0๏ฝž18.4, BMI30.0๏ฝž34.9

Hepatitis B carrier

Conservative treated or Operated PneumothoraxNote 1

Mental disease

Minor, Mild Depression

Minor, Mild Obsessive-compulsive disorder

Several Developmental Disability (ADHD, Learning Disability)

IV

Height 146๏ฝž158 cm

Height 159๏ฝž203.9 cm: Below BMI16.0 and BMI35.0 or Over

Height 204 cm or Over

Case of endoscopic surgery with either Early gastric cancer, Early colorectal cancer, or Carcinoid

Prodrome of Skin malignant tumor(Giant acromegaly condyloma, Bowen disease), Basal cell carcinoma

Mental disease

Borderline intellectual functioning

Mild Autism Spectrum Disorder (High-functioning Autism, Asperger Syndrome, PDD-NOS without Intellectual Disability)

V

Height 140.1๏ฝž145 cm

Mental disease

Schizophrenia

Gender dysphoria

Mild Intellectual Disability

Autism Spectrum Disorder without Intellectual Disability (High-functioning Autism, Asperger Syndrome, PDD-NOS without Intellectual Disability)

VI

Height 140 cm or Below

Malignant tumor (Cancer)

Metastasized skin cancer

Bone cancer

HIV carrier

Hansen's Disease (Leprosy)

Mental disease

Schizophrenia with Personality devastated

Moderate, Severe and Profound Intellectual Disability

Autism Spectrum Disorder with Intellectual Disability (Low-functioning autism, Childhood disintegrative disorder)

VII

Note 1: Surgery due to pneumothorax is Grade V in 1992.

Disposition for military service by educational background and physical grade

According to Article 14 of the Military Service Act, grades I to IV are based on qualifications (education, age, etc.) and are subject to active service, supplementary, wartime workers, Grade V exemptions, Grade VI exemptions, and Grade VII medical examinations. The criteria for disposing of active duty or supplementary officers in grades I to IV are determined by the Military Manpower Administration's announcement (annual announcement of conscription inspection). According to the announcement, the criteria for military service are as follows.

Active duty (ํ˜„์—ญ, Subject to Enlist for Active duty. Subject to Draft)

Mix of active and supplementary

Supplementary service (๋ณด์ถฉ์—ญ)

Wartime labor service (์ „์‹œ๊ทผ๋กœ์—ญ)[23]

Exempted from Military service (๋ณ‘์—ญ๋ฉด์ œ)

Subject to Physical Reexamination (์žฌ๊ฒ€์‚ฌ๋Œ€์ƒ)

Disposition for military service by educational background and physical grade (after 2021)

Educational background Physical grade

I II III IV V VI VII

Regardless Active duty Supplementary service Wartime Labor Service Exempted from Military service Subject to Physical reexamination

History of disposition for military service

1950s to 1969

Before the 1970s, the criteria for disposition of active duty and supplementary military service cannot be confirmed due to lack of data at the time.[24]

in 1950 to 1955

1950: It was the first year in the Republic of Korea that the Conscription was implemented. At that year, due to the limitation of 100,000 troops by the Korean military, the conscription system and Conscription Examination were suspended. However, in June of the same year, when the Korean War broke out, there was an unofficial conscription.

1952: As the Conscription system was Implemented again, Conscription Examination began again.

Educational

background Physical grade

A B-I B-II C D E

Regardless Accepted (Active duty, 1st Supplementary service, 2nd Supplementary service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1956

Educational background Physical grade

A B-I C D E

Regardless Accepted (Active duty, 1st Supplementary military service, 2nd Supplementary military service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1957

The supplementary military service was abolished by the enforcement of the revised Military Service Act from August 1957.[25]

Educational background Physical grade

A B-I B-II C D E

Regardless Accepted

(Active duty, 1st Supplementary military service, 2nd Supplementary military service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1958 to 1960

On February 24, 1958, there were Re-examination measures after canceling the judgment on 45,000 Grade C judges in the 1950 to 1957 Conscription examination.

Educational background Physical grade

A B-I B-II B-III C D E

Regardless Accepted (Active duty) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1961

There was a physical examination of public officials who were judged to be Grade C.

In 1961, there was a physical examination of 128,422 embroidered persons who reported between June 21 and June 30, which was set as the period for reporting embroidery of those who failed to serve in the military.

Educational background Physical grade

A B-I B-II C D E

Regardless Accepted (Active duty) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1962

Those born on or after January 1, 1930, who have been punished for active service under the Military Service Act enacted before October 1, 1962, and who have not joined the army, will be transferred to the 1st supplementary role and will be supplemented. (Except for those who joined the National Land Construction Team(๊ตญํ† ๊ฑด์„ค๋‹จ [ko]) in 1961.)

Educational background Physical grade

A B-I B-II B-III B-IV B-V C D E

Regardless Accepted (Active duty)

(After Oct, 1st 1962, Active duty, 1st Supplementary service, 2nd Supplementary service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1963 to 1969

Among those who were examined for conscription in 1962, those who were judged to be Grade B4 and B5 were transferred to Grade C and converted to 2nd Citizen service.

Educational background Physical grade

A B-I B-II B-III C D E

Regardless Accepted (Active duty, 1st Supplementary service, 2nd Supplementary service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

After 1970s

1970

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout

Elementary school Graduated

Elementary school Dropout or less Active duty Supplementary service

1971

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout Active duty Supplementary service

Elementary school Graduated

Elementary school Dropout or less Active duty Supplementary service

1972

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout

Elementary school Graduated

Elementary school Dropout or less Active duty Supplementary service

1973

Middle school Graduated or more

Grade A, B-I, B-II: Active duty

Grade B-III: Supplementary service

Elementary school Graduated or more, Middle school Dropout or less

Grade A: Active duty

Grade B-I, B-II, B-III: Supplementary service

Elementary school Dropout or less: 2nd Citizen service

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout Active duty Supplementary service

Elementary school Graduated

Elementary school Dropout or less 2nd Citizen service

1974 to 1976

College attending or more

Grade A, B-I, B-II: Active duty

Grade B-III: Supplementary service

Middle school Graduated or more, High school Dropout or less

Grade A, B-I: Active duty

Grade B-II, B-III: Supplementary service

Elementary school Graduated or more, Middle school Dropout or less

Grade A: Active duty

Grade B-I, B-II, B-III: Supplementary service

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Graduated

Middle school Graduated

Middle school Dropout Active duty Supplementary service

Elementary school Graduated

Elementary school Dropout or less 2nd Citizen service

1977 to 1979

College attending or more

Grade A, B-I, B-II, B-III: Active duty

High school Graduated or less

Grade A, B-I: Active duty

Grade B-II, B-III: Supplementary service

Middle school Dropout or less: 2nd Citizen service

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1980 to 1983

College attending or more

ใ€€Grade A, B-I, B-II: Active duty

ใ€€Grade B-III: Supplementary service

High school Graduated or less

ใ€€Grade A: Active duty

ใ€€Grade B-I, II, III: Supplementary service

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1984

In 1984, Change of Physical Grade Name.

Before 1984 After 1984

Name Korean Name Korean

A ๊ฐ‘์ข… I 1๊ธ‰

B-I ์ œ1์„์ข… II 2๊ธ‰

B-II ์ œ2์„์ข… III 3๊ธ‰

B-III ์ œ3์„์ข… IV 4๊ธ‰

C ๋ณ‘์ข… V 5๊ธ‰

D ์ •์ข… VI 6๊ธ‰

E ๋ฌด์ข… VII 7๊ธ‰

College attending or more

ใ€€Grade I, II, III: Active duty

ใ€€Grade IV: Supplementary service

High school Graduated

ใ€€Grade I, II: Active duty

ใ€€Grade III, IV: Supplementary service

High school Dropout or less

ใ€€Grade I: Active duty

ใ€€Grade II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Dropout Active duty Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1985

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated Active duty Supplementary service

Middle school Dropout or less 2nd Citizen service

1986

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated Active duty Supplementary service

Middle school Dropout or less 2nd Citizen service

1987

High school Graduated or more

ใ€€Grade I, II: Active duty

ใ€€Grade III, IV: Supplementary service

High school Dropout or less

ใ€€Grade I: Active duty

ใ€€Grade II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Active duty Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1988 to 1991

1988: Skipped Conscription Examination of Elementary school Graduated or less

1989: Those aged 25 or older among those graduating from High school will be converted to Supplementary service.

June 1, 1991: High school graduates who are 162 centimeters or less, high school graduates and those who are above university students, and who are Grade II (and III, IV) due to myopia of ophthalmology, will be converted to Supplementary service. (A person who was Conscription examined from 1990)

November 15, 1991: Those who graduated from high school and a Physical grade II will be converted to Supplementary service. (A person who was Conscription examined from 1991)

January 1, 1992: Middle school Dropout or less is Supplementary service. (Exemption from Call of Bangwi)

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1992

Middle school Graduated or more, Physical grade I, II, III, IV: Active duty. But, on October 30 of the same year, it was changed as follows:

High school Graduated or more, Physical grade III, IV: converted to Supplementary service

High school Dropout or less, Physical grade I, II, III, IV: converted to Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1993

High school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

High school Dropout and Middle school Graduated with Grade I, II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1994

High school Graduated or more with Grade I, II, III, IV: Active duty

High school Dropout

Grade I: Active duty

Grade II, III, IV: Supplementary service

Middle school Graduated with Grade I, II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Active duty Supplementary service

Middle school Graduated Supplementary service

Middle school Dropout or less 2nd Citizen service

1995 to 1996

High school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Those who graduated from middle school and a Physical grade I, II, III, IV will be converted to Supplementary service from 1996

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1997

High school Dropout or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Middle school Graduated

Grade I, II, III, IV: Supplementary service

High school Dropout with Physical grade III: converted to Supplementary service from June 2, 1997

High school Dropout with Physical grade II: converted to Supplementary service from January 1, 1998

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated Supplementary service

Middle school Dropout or less 2nd Citizen service

1998 to 2003

High school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Middle school Graduated, High school Dropout

Grade I, II, III, IV: Supplementary service

1999 to 2011

Skipped Conscription Examination with Transferred the 2nd Citizen service of Middle school Dropout or less in 1999 to 2011

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

2004

Middle school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

2005

College attending or more with Grade I, II, III, IV: Active duty

Middle school Graduated and High school Dropout

Grade I, II, III: Active duty

Grade IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

2006 to 2011

Middle school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

2012 to 1st half of 2015

Middle school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Middle school Dropout or less with Physical Grade I, II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less Supplementary service

External links

(in Korean) Public Notice of Draft examination in 2014(Military Manpower Administration Public Notice No. 2014-2)

2nd half of 2015 to 2020

High school Graduated or more

Grade I, II and III: Active duty

Grade IV: Supplementary service

High school Dropout of less with Physical grade I, II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service Wartime Labor Service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout or less Supplementary service

External links

(Korean) Public Notice of Draft examination in 2016(Military Manpower Administration Public Notice No. 2016-3)

(Korean) Public Notice of Draft examination in 2017(Military Manpower Administration Public Notice No. 2017-1)

(Korean) Public Notice of Draft examination in 2018(Military Manpower Administration Public Notice No. 2018-1)

(Korean) Public Notice of Draft examination in 2019(Military Manpower Administration Public Notice No. 2019-1)

(Korean) Public Notice of Draft examination in 2020(Military Manpower Administration Public Notice No. 2020-1)

Service types and length

Grade 1, 2, 3 and 4: those are suitable for military service (ํ˜„์—ญ)

The length of compulsory military service in South Korea varies based on military branch.[26][unreliable source?] Active duty soldiers serve 1 year 6 months in the Army or Marine Corps, 1 year 8 months in the Navy, or 1 year 9 months in the Air Force.[27] After conscripts finish their military service, they are automatically placed on the reserve roster and are obligated to attend 3 days of annual military training for 6 years[citation needed] (5 years from 2021).

Non-active duty personnel, or "supplemental service" personnel serve for various lengths: 1 year 9 months for social work personnel (better known as public service workers - personnel ordered to do public service work at places that require auxiliary workers such as local community centers like city halls, government agencies, and public facilities like subway stations);[28] 2 years 10 months for arts and sports personnel or industrial technical personnel; and 3 years for public health doctors, lawyers, veterinarians, or expert researchers.[29]

In 2010, there was growing public pressure to either shorten the length of conscription or to switch to voluntary military service, and calls from experts for a gradual phasing out of conscription rather than complete abolition.[30] However, in December 2010, after taking into consideration of the 2010 ROKS Cheonan sinking and Bombardment of Yeonpyeong incidents, the South Korean government said it would not reduce service periods.[31]

Grade 4: those are unsuitable for military service

Art and sports personnel

Artists and players who have won government accredited competitions are allowed to work as 'Art and Sports Personnel'. After a month of military training, Art and Sports Service agents work through their specialties to finish their military services; e.g. in professional sports teams, art galleries, museums or orchestra bands. Unlike other service agents who are working at factories, farms, universities, institutes or nursing homes, Art and Sports Service agents are allowed to work abroad.[citation needed]

Former president Park Chung Hee introduced exemptions for athletes in 1973 to win more medals for the country; some historians believe this also served as a distraction against the government's unpopularity.[32] After winning a gold medal at the 1976 Summer Olympics, wrestler Yang Jung-mo was granted the first exemption. In the 1980s, president Chun Doo-hwan promised exemptions to any athlete who won a medal of any kind at either the 1986 Asian Games or the 1988 Summer Olympics.[32]

When South Korea co-hosted the FIFA World Cup in 2002, their national football team was guaranteed an exemption if they reached the round of 16; the same promise was made to the national baseball team in 2006 if they reached the semifinals of the World Baseball Classic. Public outrage ensued, and similar exemptions have been rarely granted since.[32]

Current conscription regulations stipulate that athletes who win medals in the Olympic Games or gold medals in the Asian Games are granted exemptions from military service and are placed in Grade 4.[33] They are required to do four weeks of basic military training and engage in sports field for 42 months. After that, they are automatically placed on the reserve roster, and are obligated to attend a few days of annual military training for six years. In practice, after athletes finish their four weeks of basic military training, they are able to continue their own sports career during the 34 months of duty.[34]

The policy has resulted in coaches being accused of selecting players desperate to avoid military service instead of choosing the best athletes. Parents encourage their children to pursue sports in hopes of them receiving an exemption.[32]

Notable athletes who have been granted exemptions from military service are the bronze medal-winning men's football team at the 2012 Summer Olympics,[35][36] 2008 Olympic gold medalist badminton player Lee Yong-dae,[37] swimmer Park Tae-hwan,[38][39] 2014 Asian Games gold medalist tennis player Chung Hyeon,[40] 2018 Asian Games gold medalist footballer Son Heung-min, and 2018 Asian Games gold medalist baseball player Lee Jung-hoo.

Esports players were not exempt from conscription until 2023, when esports became a regular event at the 2022 Asian Games.[41][failed verification] Because esports had become a medal event in these games, it became possible for players to be exempt from conscription, so long as they won a gold medal in the games. The gold medal-winning roster of the country's national esports team became the first players to be granted the exemption.[42]

A total of 220 exemptions were granted from 2008 to 2018.[32]

Exemptions are also granted to classical musicians and ballet performers who win first place in stipulated international-level competitions. A two-year extension for notable K-pop artists (from a law that was passed in December 2020) could also be given by government for their career, the age for joining military is 30 (which previously was 28). Some resources and media outlets claim that the primary reason for this amendment was singer-songwriter Jin, who, at the time, was about to turn 28.[43][44] As his group BTS has had a huge impact (especially in the music industry) worldwide and contributed greatly to the spread of Korean culture and the Hallyu Wave, exemptions for them were in talks for a few years.[45][46] Despite this, BTS' record label, Big Hit Music, announced on October 17, 2022, that Jin withdrew his enlistment deferral request and will be the first in the group to enter into mandatory military service, with other members of BTS to be enlisted on a later date.[47]

Conscientious objection

The right to conscientious objection was not recognized in South Korea until recently. Over 400 men were typically imprisoned at any given time for refusing military service for political or religious reasons in the years before right to conscientious objection was established.[48]

On 28 June 2018, the South Korean Constitutional Court ruled the Military Service Act unconstitutional and ordered the government to accommodate civilian forms of military service for conscientious objectors.[49] Later that year on 1 November 2018, the South Korean Supreme Court legalized conscientious objection as a basis for rejecting compulsory military service.[50]

Salary and benefits

Salary per month in 2017[51]

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ163,000

โ‚ฉ176,400

โ‚ฉ195,500

โ‚ฉ216,000

Salary per month in 2018

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ306,100

โ‚ฉ331,300

โ‚ฉ366,200

โ‚ฉ405,700

Salary per month in 2019

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ306,100

โ‚ฉ331,300

โ‚ฉ366,200

โ‚ฉ405,700

Salary per month in 2020

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ408,100

โ‚ฉ441,700

โ‚ฉ488,200

โ‚ฉ540,900

Salary per month in 2021

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ459,100

โ‚ฉ496,900

โ‚ฉ549,200

โ‚ฉ608,500

Salary per month in 2022

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ510,100

โ‚ฉ552,100

โ‚ฉ610,200

โ‚ฉ676,100

Salary per month in 2023

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ600,000

โ‚ฉ680,000

โ‚ฉ800,000

โ‚ฉ1,000,000

Equipment

The Ministry of National Defense has revealed that it failed to provide sneakers to 7,411 recruits who joined the military from 22 May to 4 June 2012, after the budget was insufficient for need. The Defense ministry originally projected the cost of each pair of sneakers to be 11,000 KRW. However, the actual cost turned out to be 15,000 KRW.[52]

The office of National Assembly member Kim Kwang-jin of Democratic United Party revealed that cadets in Korea Military Academy were provided with sneakers worth 60,000 KRW and tennis shoes. Cadets in Korea Army Academy at Yeongcheon were provided with sneakers worth 64,250 KRW, in addition to running shoes and soccer shoes.[53]

Dual citizens

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[54] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[55] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[56]

Racial minorities

In 2011, the government dropped race-based requirements for mix-raced Korean nationals conscripted into the armed forces.[57] However, there currently is no law allowing non-ethnic Korean citizens conscription into the armed forces. All naturalized citizens and citizens not of partial Korean ethnicity have a choice of whether to enlist or not.

Controversies

Violation of Forced Labour Convention

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[58] However, ILO defines conscription of non-military purpose as forced labour.[59]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. A majority (+90%) of the "Reserve - class 4 -" group work as "social service agents" (์‚ฌํšŒ๋ณต๋ฌด์š”์›), and earn far less than the minimum legal wage at various fields, including government offices, subway stations, tax offices, post offices, and sanitaria.[58]

In April 2021, South Korea ratified the Forced Labour Convention, but conscription remained in place. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4" now have the right to decide their methods of conscription between soldiers with active duty and "social service agents".[58] However, ILO continues to argue that enforcing "reserve - class 4-" to work as a "social service agent" is a violation of the Forced Labour Convention.[58]

Hazing

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

In recent years, the South Korean government has been preparing a policy to lower conscription standards for mental and physical conditions that were previously considered exempt, in light of concerns that the country's low birthrate will lead to fewer conscripts; South Korea had the lowest fertility rate in the world in both 2020 and 2021.[60] Experts have stated that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[61]

Draft evasion

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[62][63] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[64][65] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[66] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. He had already obtained U.S. permanent residency and, in order to evade military service, went to Los Angeles, where he acquired citizenship within two months, subsequently renouncing his Korean nationality. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[67] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[68] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[69] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[70] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[71]

See also

flag South Korea portal

Forced Labour Convention

Supplementary service in South Korea

Social service agent

Conscription in North Korea

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#49248896)



Reply Favorite

Date: May 7th, 2023 8:18 PM
Author: metal whorehouse bbw

Got drunk dialed early this morning by a club rat who I met last month.

I spent last night at the 21 year old 9's house and thankfully had my phone on silent so the call went unnoticed.

As I drive back to Gangnam this morning for work about 30 minutes after she had called, I call her back but she had already blocked my number for some reason lol. Then I hit her up on Kakao and she insta-blocks.

Fuckin club rats lmao.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46282570)



Reply Favorite

Date: May 10th, 2023 8:13 PM
Author: metal whorehouse bbw

Club rat from April 1st hunt goes MIA for ~2 months, then sayin she gonna get dinner in my building tomorrow night.

Lmao

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46296286)



Reply Favorite

Date: May 11th, 2023 8:16 PM
Author: metal whorehouse bbw

This bitch canceled but another club rat from early last month wants to meet Saturday for lunch lol.

Still going hunting tonight tho lol.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46301395)



Reply Favorite

Date: May 10th, 2023 9:17 PM
Author: Mildly Autistic House Prole

Lollercausting every time I casually check in to see nyuug talking to himself

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46296640)



Reply Favorite

Date: May 10th, 2023 9:19 PM
Author: Smoky talented business firm

180 group of 40 year old korean men "hunting" at da klub

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46296650)



Reply Favorite

Date: May 10th, 2023 9:51 PM
Author: metal whorehouse bbw

you know it!

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46296776)



Reply Favorite

Date: May 10th, 2023 9:53 PM
Author: Smoky talented business firm

180

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46296787)



Reply Favorite

Date: May 11th, 2023 8:17 PM
Author: Sticky Police Squad



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46301398)



Reply Favorite

Date: May 13th, 2023 4:52 AM
Author: metal whorehouse bbw

Last night was a flop. Plus, apparently the 21 yr old I'm seeing has a friend who spotted me at the club last night so she got pissed and blocked me LMAO.

Oh well. I got mine Lol.

Going again later tonight. Awwwww yeah.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46306542)



Reply Favorite

Date: May 14th, 2023 7:07 AM
Author: metal whorehouse bbw

Last night's hunt = huge flop.

Got a handjob at my table, even ended up leaving the club with 2 girls but my wing was fucking retarded and pissed off the girls, so we all went back inside.

By then things were already dying. Went cheap last nite so who am I to complain Lol.

Going hard again next weekend!

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46309600)



Reply Favorite

Date: May 17th, 2023 3:48 AM
Author: metal whorehouse bbw

A legit 9 from last month who went MIA suddenly texting me again.

Seems dtf lol. Awwww yeah.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46321408)



Reply Favorite

Date: May 17th, 2023 3:49 AM
Author: Vigorous abode

homosayswhat

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46321409)



Reply Favorite

Date: May 17th, 2023 3:50 AM
Author: metal whorehouse bbw

club rats are, by nature, flaky as fuck so im not getting too invested in her but shes one of the hotter prospects lol

legit 9-9.5

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46321412)



Reply Favorite

Date: May 18th, 2023 9:08 PM
Author: metal whorehouse bbw

Believe it or not folks, this morning at 6AM one of the club rats from last weekend drunk dials me saying she's going to come over with a friend.

I don't take it seriously but she continually texts and says she's in a cab so I shower up and clean my place.

Lo and behold, she shows up an hour later with a friend. She's wearing workout clothes and her fat friend is wearing a fucking hat and hoodie. I didn't remember which club rat it was so I was at least relieved when I saw she was one of the hotter girls I pulled.

Make them some drinks, chat a bit but they are not DTF at all. They want me to take them for a drive so I figure why not see if my car seals the deal but even after they get in my car for a drive, there is no change in attitude.

I realize this is just wasting my time so I drop them off on the side of the road and go back home to change for work.

Lol such a bizarre turn of events. Going to the club later tonight though, FUCK YEAH.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46328885)



Reply Favorite

Date: May 25th, 2023 12:04 PM
Author: Concupiscible lime office

Surrealism as a service

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46353861)



Reply Favorite

Date: May 19th, 2023 9:34 AM
Author: metal whorehouse bbw

Alright guys, one of the 9s from last month who went MIA agreed to come up to Seoul and sleepover after I bought her bus tickets.

Since I can't club tomorrow obv bc of that, I'm going HARD tonight. Got my new phone, a53, set up and it feels fast and smooth.

Hopefully it'll be my lucky charm and I get the ONS.

Heading over soon. Wish me luck, boys!

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46330460)



Reply Favorite

Date: May 19th, 2023 11:00 PM
Author: metal whorehouse bbw

Couldn't smash last night but have a couple decent prospects.

We'll see what unfolds Lol.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46333238)



Reply Favorite

Date: May 25th, 2023 12:09 PM
Author: infuriating bearded laser beams

Hello kitty NOWAG getting BRUTALLY NOWAGd by gross 5's. Sad!

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46353874)



Reply Favorite

Date: May 25th, 2023 8:44 PM
Author: metal whorehouse bbw

Lollercausting HARD@ RSF mad as fuck im still models and bottlin and CRUSHING the gangnam scene

the huffing and puffing you do in my threads is just lulzy as fuck

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46356068)



Reply Favorite

Date: May 20th, 2023 10:02 PM
Author: metal whorehouse bbw

Okay so the 9 who agreed to sleepover last night actually came up to Seoul last night.

Picked her up at Yongsan stn bc she took the KTX and then we got dinner and watched the new Fast and the Furious movie.

She tells me straight up we're not fucking so I am pissed Lol.

But we go home after the movie, and she showers up. That's when I knew it was gg. Gave her a shoulder massage and gged. Barebacked. Incredible 9.5 bod, decent face.

Kinda amazed at how I thought she got away - we had gone basically a month without contacting each other - but ended up smashing.

We're heading to GANGNAM BIGBRUNCH soon and then chilling before she heads back to her hometown.

What an amazing weekend, boys.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46336008)



Reply Favorite

Date: May 21st, 2023 8:11 PM
Author: metal whorehouse bbw

You guys are not going to believe this but a club rat from EXACTLY one month ago literally texts me at 1AM last night while im asleep that shes heading to the same club we met at a month ago

lmao fuckin club rats.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46338957)



Reply Favorite

Date: May 23rd, 2023 10:08 PM
Author: metal whorehouse bbw

Wednesday hump. Two days until the next hunt! Awwww yeah.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46347891)



Reply Favorite

Date: May 25th, 2023 2:56 AM
Author: metal whorehouse bbw

So originally I was feeling pretty sick due to some kind of flu-like illness and wanted to put off this weekend's hunts until tomorrow, but I feel surprisingly good and will most likely head to the club tonight and get started early on this weekend's festivities.

LET'S FUCKING GO.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46352700)



Reply Favorite

Date: May 25th, 2023 9:53 AM
Author: metal whorehouse bbw

this guy actually has SOLID advice:

https://innerconfidence.com/bottle-service/

for those of you n00bs who want actual actionable, practical tips for club game should read it

headin over soon. wish me luck, friends

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46353200)



Reply Favorite

Date: May 25th, 2023 8:04 PM
Author: metal whorehouse bbw

Got close with a couple girls but couldn't gg last night.

One of the hotter ones talked to me in English lmao. Kakao reveals she's a travel shrew. Could be a model but idk.

Still early morning so we'll see who replies today Lol.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46355921)



Reply Favorite

Date: May 27th, 2023 5:39 AM
Author: metal whorehouse bbw

Rested last night. Been raining all day but idgaf.

Going hard tonight. Awwwww yeah!

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46361150)



Reply Favorite

Date: May 27th, 2023 6:12 AM
Author: Slate Mental Disorder Menage

why. whut is the fucking point dude. Once in a while sure. Who the fuck needs to call it a "crew"

Worried you won't find meaning within yourself bro. Go to Tavarua and do a kava ceremony and chill.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46361162)



Reply Favorite

Date: May 27th, 2023 8:52 PM
Author: metal whorehouse bbw

I've only recently gotten back into the club grind bc I have a crew now + I'm banned on Tinder.

Too lazy to run day game - although I admit it is MUCH more cost efficient than clubbing. I'm just too old to run day game lol.

At least with the club I'm guaranteed to finger + handjob from 19-21 yr olds. So even if I can't smash, I still have fun.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46363038)



Reply Favorite

Date: May 28th, 2023 4:13 AM
Author: Slate Mental Disorder Menage

Hie thee to Tavarua.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46363969)



Reply Favorite

Date: May 28th, 2023 8:41 PM
Author: Razzle-dazzle shrine rigor

Explain. What's a kava ceremony?

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46365971)



Reply Favorite

Date: June 1st, 2023 4:04 AM
Author: Slate Mental Disorder Menage

Kava ceremony is a way to show respect, welcome newcomers, or simply encourage friendliness and camaraderie amongst family and friends. Everyone sits in a circle, sips their kava and chills the fuck out being grateful for the community around the. A ceremony presents an opportunity for people to connect, whether joining families or inviting someone into the community. It's a mild sedative and has been used to bring peace to people and villages.

Basically, get into nature and chill a bit man.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46378164)



Reply Favorite

Date: May 28th, 2023 7:55 PM
Author: infuriating bearded laser beams

Banned from tinder, nonstop NOWAG in the club, 0 youtube followers. What a life!

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46365764)



Reply Favorite

Date: May 28th, 2023 7:57 PM
Author: metal whorehouse bbw

Taking the summer to meet girls organically and will make a new Tinder account in the fall. The same girls who reported me need a while before they delete the app - a new card pool is advantageous.

No biggie.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46365779)



Reply Favorite

Date: May 28th, 2023 8:20 PM
Author: infuriating bearded laser beams

LOL at being such a creep that you get reported and banned from dating apps.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46365888)



Reply Favorite

Date: May 28th, 2023 8:25 PM
Author: metal whorehouse bbw

I'm pretty much a known figure in Gangnam. I'm not even bragging about it, just stating facts.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46365908)



Reply Favorite

Date: May 28th, 2023 8:37 PM
Author: infuriating bearded laser beams

I have no doubt that you're "known" and mocked by everyone as the hello kitty makeup 45 yo old weirdo who creeps everyone out.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46365962)



Reply Favorite

Date: May 28th, 2023 8:46 PM
Author: metal whorehouse bbw

I'm well-connected in the Gangnam scene, so you can make of that what you may.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46365995)



Reply Favorite

Date: May 28th, 2023 8:47 PM
Author: infuriating bearded laser beams

LOL you're a delusional creep

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46366000)



Reply Favorite

Date: May 28th, 2023 8:50 PM
Author: metal whorehouse bbw

I started clubbing in 2012. And that was when clubs were legit clubs, not the lame, hollowed out versions of today.

That's over a decade of connections made in the Gangnam nightlife scene. My people are everywhere.



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46366006)



Reply Favorite

Date: May 28th, 2023 8:44 PM
Author: Razzle-dazzle shrine rigor

Why did you get banned?

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46365982)



Reply Favorite

Date: May 28th, 2023 8:46 PM
Author: metal whorehouse bbw

Many, many burned bridges. I'm a known figure on all apps in Korea, believe it or not lol. After all, I've been milking that teat dry since smartphones came out lol.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46365993)



Reply Favorite

Date: May 28th, 2023 8:57 PM
Author: Razzle-dazzle shrine rigor

What's that mean though? Like were you sending lick messages or something?

Edit: answered below.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46366019)



Reply Favorite

Date: May 27th, 2023 6:19 AM
Author: primrose immigrant locale

Don't stop

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46361167)



Reply Favorite

Date: May 27th, 2023 8:55 PM
Author: metal whorehouse bbw

My first club phase back in 2012-2014, I was going even harder than this, believe it or not.

Tripling up - Thurs + Fri + Sat, every summer from like May to August. Literally grinding it out till the bitter end.

Nowadays I go home at like 4:30 bc I get tired. Back in the day 8am-ish was when I called it quits.

During those days I had insane drive because I was working my way up to 1000 different girls fucked.

The club rats I fucked from those days make up a good 30~40% of girls of that 1000 LMAO.

Such good days.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46363051)



Reply Favorite

Date: June 1st, 2023 10:32 PM
Author: gaped headpube giraffe

something to be proud of, to tell your children about

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46381156)



Reply Favorite

Date: June 1st, 2023 10:35 PM
Author: metal whorehouse bbw

I myself am amazed I had the drive to go that hard. lol. Sometimes I would go to sleep at like 8PM, set my alarm for 6AM, and then run to the club to catch the remaining sloppy drunks.

I experimented with a lot of weird crazy shit back then lol. Now I'm just old and lazy so I just chill at my table the entire night. Like, I don't even go out to the dance floor to bring back girls. Lmao.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46381174)



Reply Favorite

Date: May 27th, 2023 8:49 PM
Author: metal whorehouse bbw

What a wild night:

a legit 20 year old - she claimed she just turned 20 last month - gave me a handjob at my table. Fingered her and felt up her tits under her shirt but wasn't able to gg.

She put me on a blank multi-profile on Kakao which is not a good sign tbh Lol. Or it could be that she has private stuff she doesn't want me to see.

The positive spin on it is that she didn't block me. It all depends on whether I get a message from her today.

1 other solid prospect, the rest are MIA.

Fun night, was sad I couldn't close with this 20 yr old 9 because holy fuck she was hot. But you win some, lose some.

Resting up until next weekend.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46363030)



Reply Favorite

Date: May 28th, 2023 7:54 PM
Author: metal whorehouse bbw

Ok so for whatever reason the 20 yr old 9 blocked me on Kakao Lmao.

All other prospects seemingly fizzled out. Oh well there's always the next hunt!

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46365761)



Reply Favorite

Date: May 28th, 2023 8:48 PM
Author: Razzle-dazzle shrine rigor

Why do you get blocked? Are you aggressive/forward?

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46366002)



Reply Favorite

Date: May 28th, 2023 8:51 PM
Author: metal whorehouse bbw

The vast majority of girls you meet at the club, you won't fuck anyways.

I tend to get blocked early-on because I am very aggressive, yes. The upshot is you filter for the DTF girls right away, but lose out the chance to slowplay girls who otherwise might've been OK with taking things slow.

Everyone has their own methods.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46366010)



Reply Favorite

Date: May 28th, 2023 9:02 PM
Author: Razzle-dazzle shrine rigor

Yeah approaching chicks is 100% a numbers game. I was never particularly sexually aggressive or forward, but I still got laid a lot. Never really used apps much though.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46366035)



Reply Favorite

Date: May 28th, 2023 9:10 PM
Author: metal whorehouse bbw

Word. Back in the day I'd grind it out till the bitter end but now I just go home at like 4:30 if there are no solid prospects.

Age is starting to catch up with this old veteran hunter lol.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46366055)



Reply Favorite

Date: May 28th, 2023 9:28 PM
Author: Razzle-dazzle shrine rigor

Jfc I can barely make it to midnighf

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46366085)



Reply Favorite

Date: May 28th, 2023 9:40 PM
Author: metal whorehouse bbw

Back in the day I'd sometimes grind it out to 8-9am lol

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46366103)



Reply Favorite

Date: May 28th, 2023 8:43 PM
Author: Razzle-dazzle shrine rigor

What does gg mean?

Do you need a wingman who will smash the thick to fat friends of your prey?

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46365978)



Reply Favorite

Date: May 28th, 2023 8:48 PM
Author: metal whorehouse bbw

GG = smash.

A good wing will talk to the friends of the main girl I pull to the table, and be willing to leave the club for second round.

Obv if he isn't feeling the friend, he can just quietly dip at second round, but most of the time the girl is just fuckable enough for my wing to take the plunge. Soju will do that to you lol.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46366001)



Reply Favorite

Date: May 28th, 2023 8:55 PM
Author: Razzle-dazzle shrine rigor

Does gg stand for something though? I understand it means to smash, but what's the significance of gg?

"willing to leave the club for the second round?" What does this mean?

Are there many thick to fat chicks there? I love girls like this: https://imgur.io/a/CMU3OSY

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46366011)



Reply Favorite

Date: May 28th, 2023 8:58 PM
Author: metal whorehouse bbw

its gamer lingo for "good game", which started in Starcraft. i just use it as a substitute for smash.

second round means leaving the club with girls. let's say you leave the club with 3 girls, you have 2 boys with you so 3:3.

get drinks and food nearby, then it's up to you to isolate and close.

there are no fat chicks at the clubs i go to. chubby ones? a few. i almost feel sorry for them because no one approaches them lol

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46366022)



Reply Favorite

Date: May 28th, 2023 9:06 PM
Author: Razzle-dazzle shrine rigor

Damn. I would approach and close with those chubbies.

It might sound crazy, but gay bars are one of the best places I ever found for picking up chicks.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46366045)



Reply Favorite

Date: May 28th, 2023 9:11 PM
Author: metal whorehouse bbw

lmao, never been to a gay bar. visited a lesbian bar in the east village tho back during my NYU UG days

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46366056)



Reply Favorite

Date: May 28th, 2023 9:30 PM
Author: Razzle-dazzle shrine rigor

It's the one place full of straight single women and but almost no straight men.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46366087)



Reply Favorite

Date: May 28th, 2023 8:46 PM
Author: electric point



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46365998)



Reply Favorite

Date: May 29th, 2023 9:36 PM
Author: metal whorehouse bbw

Ok, so one of the 9s who lives in a secondary city just made things official. She wants to go on a Jeju vacation in August.

The goal of this summer is to build up a nice 4-5 girl rotation. So far, this girl is my main harem girl.

Going 100% organic harem is something I've never done lol. Feels good tho.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46369408)



Reply Favorite

Date: May 31st, 2023 8:17 PM
Author: metal whorehouse bbw

THURSDAY. HITTING UP THE CLUB TONIGHT.

feelin HECKA PUMPED.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46377002)



Reply Favorite

Date: June 1st, 2023 6:35 PM
Author: metal whorehouse bbw

Ok last night was a total flop Lmao.

Table was cheap bc it was Thursday so who am I to complain haha.

Goin hard again tonight awwwww yeah.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46380336)



Reply Favorite

Date: June 1st, 2023 10:31 PM
Author: metal whorehouse bbw

Going back to back tonight. I need to be in top-top shape Sunday because my main harem girl is coming over on Sunday after her birthday party on Saturday night.

Too scared to go clubbing on Saturday because I might get caught like with the 21 yr old I briefly met last month lol.

Basically gotta go hard as fuck tonight and try to gg. Will be pretty pissed actually if I can't smash lol.

EMBRACE THE GRIND.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46381149)



Reply Favorite

Date: June 2nd, 2023 6:41 PM
Author: metal whorehouse bbw

EPIC HUNT. HOLY FUCKING SHIT.

Met an 8 who spoke English for some reason. Unfortunately, she literally just blocked me on Kakao right now, the second after she read my texts. Oh well...let me get to the epic part of the night.

At some point one of my boys pulls some Japanese girls to our table. I had to wing for the ugly one so I was PISSED.

Later in the night I pull a legit 8 with incredible tits. We're talking like natural D cups? I'm straight up sucking on her tits, fingering her under her panties, and at one point I straight up ask her to get on her knees and suck my cock for a second. She refuses. I debate whether I should just whip my dick out and stick it inside her pussy for a second but don't.

Eventually she and her friend leave my table so I am PISSED.

Then all of a sudden the two Japanese girls are back at my table. And they are drunk as fuck.

But luckily for me, a different guy in my crew was workin the ugly one, so I IMMEDIATELY swoop in and take the 9. I'm feeding her vodka, feelin up her tits, making her suck my figers, etc.

Then my boy tells me let's leave the club with these girls. Lo and behold, these Jap girls leave with us. Next to the club we get...Nagasaki jjambbong at a izakaya nextdoor LMFAO CANT EVEN FUCKING MAKE THIS SHIT UP.

We're eating and feeding them drinks. I'm sayin all kinds of crazy shit like I'm a CEO and she buys that shit up because she saw my Camaro LMAO.

Eventually we isolate and I drive my girl home. She says she needs to go to the bathroom and then I go. When I come out, her top is off and I knew it was gg.

Made out for a bit, then moved to my bed and smashed. Pussy was clean as a whistle and perfectly shaved, so I decided to bareback. Creampied.

She's passed out on my bed now and the 8 who I fingered is still texting me. So that is my #1 other prospect who I'll be focusing on this weekend, aside from keeping this Japanese girl busy.

I promised her to take her shopping - LMAO - and show her around Gangnam. Gonna get brunch when she wakes up and spend the day with her.

This was almost a near-repeat of a similar evening back during my OG clubbing days when I took down an Osaka 9 at a different legendary club in 2012.

What an incredible turn of events tonight. I will catch y'all on the flipside. NYUUG out for now!

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46384281)



Reply Favorite

Date: July 31st, 2023 9:36 PM
Author: Clear tattoo

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46614150)



Reply Favorite

Date: July 31st, 2023 9:36 PM
Author: Clear tattoo

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46614147)



Reply Favorite

Date: June 3rd, 2023 7:34 PM
Author: beady-eyed tank idiot



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46387188)



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Date: June 4th, 2023 8:59 PM
Author: metal whorehouse bbw

Still basking in the afterglow while I cube this morning lol

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46390060)



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Date: July 31st, 2023 9:48 PM
Author: Clear tattoo

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46614249)



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Date: June 5th, 2023 1:24 AM
Author: metal whorehouse bbw

OK SO tomorrow is a national holiday and I may or may not hit up the club, depending on how cheap the table is.

LETS FUCKING GO.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46390698)



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Date: June 7th, 2023 12:33 AM
Author: metal whorehouse bbw

Japanese 9 texted me yesterday she landed safely, and it was actually a double text.

She might actually really like me lol.

Wednesday hump, and I am feelin the club Friday. Let's fucking go!

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46397969)



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Date: June 8th, 2023 7:48 PM
Author: metal whorehouse bbw

TGIF! Hitting up the club tonight.

SUPER PUMPED.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46405293)



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Date: June 9th, 2023 9:09 PM
Author: metal whorehouse bbw

Got a girl to my home but she got cold feet last minute and bailed.

Doesn't seem to be any other prospects from last night's hunt atm.

Oh well Lol.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46410194)



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Date: July 31st, 2023 9:35 PM
Author: Clear tattoo

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46614145)



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Date: June 13th, 2023 8:02 PM
Author: metal whorehouse bbw

Going HARD this Friday. It's Wednesday and I am already pumped as hell for the hunt.

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Date: July 31st, 2023 9:35 PM
Author: Clear tattoo

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46614133)



Reply Favorite

Date: June 16th, 2023 12:14 AM
Author: metal whorehouse bbw

FRIDAY HAM time. LFG.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46432842)



Reply Favorite

Date: June 16th, 2023 8:33 AM
Author: metal whorehouse bbw

just got done lifting. heading over soon. wish me luck, FRIENDS

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46433705)



Reply Favorite

Date: July 31st, 2023 9:35 PM
Author: Clear tattoo

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46614135)



Reply Favorite

Date: June 20th, 2023 11:23 PM
Author: metal whorehouse bbw

Not sure if I'm going to go clubbing this weekend - fully booked lol.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46452409)



Reply Favorite

Date: July 31st, 2023 9:35 PM
Author: Clear tattoo

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46614140)



Reply Favorite

Date: June 20th, 2023 11:30 PM
Author: wild effete ratface

https://youtu.be/jmdA1N4nag4

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46452438)



Reply Favorite

Date: June 23rd, 2023 6:47 AM
Author: metal whorehouse bbw

Taking a break from clubbing this weekend:

A new 21 yr old app girl is coming over tonight. Then a Columbian 9 wants me to pick her up at her hotel. I have no idea what's going to happen tonight.

Tomorrow I'm going to the beach with my Mexican Kim K 9.

180 weekend.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46462370)



Reply Favorite

Date: July 31st, 2023 9:34 PM
Author: Clear tattoo

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46614125)



Reply Favorite

Date: June 28th, 2023 8:23 PM
Author: metal whorehouse bbw

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(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46485686)



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Date: July 31st, 2023 9:34 PM
Author: Clear tattoo

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46614120)



Reply Favorite

Date: July 6th, 2023 10:25 PM
Author: metal whorehouse bbw

hitting up the club tonight for the first time in what seems forever

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(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46518405)



Reply Favorite

Date: July 6th, 2023 10:26 PM
Author: impertinent indigo trump supporter

You got this bro. You haven't lost even half a step.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46518408)



Reply Favorite

Date: July 6th, 2023 10:27 PM
Author: metal whorehouse bbw

trying to put together a solid 3-4 girl rotation by the end of the summer but goddamn it is hard, my friend lol

back in the day id have like 8-10 girl rotations. losin my edge as i get older lol

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46518412)



Reply Favorite

Date: July 31st, 2023 9:33 PM
Author: Clear tattoo

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46614123)



Reply Favorite

Date: July 31st, 2023 9:33 PM
Author: Clear tattoo

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46614124)



Reply Favorite

Date: July 31st, 2023 9:33 PM
Author: Clear tattoo

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46614152)



Reply Favorite

Date: July 31st, 2023 9:32 PM
Author: Clear tattoo

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Reply Favorite

Date: July 14th, 2023 12:17 AM
Author: metal whorehouse bbw

Going hard tonight awwwwww yeah.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46545708)



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Date: July 31st, 2023 9:31 PM
Author: Clear tattoo

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46614107)



Reply Favorite

Date: July 20th, 2023 7:33 PM
Author: metal whorehouse bbw

OK so I was supposed to go clubbing last Friday but there was a last-minute change of plans.

Heading over tonight though. HERE WE GO.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46571460)



Reply Favorite

Date: July 21st, 2023 10:05 PM
Author: metal whorehouse bbw

Last night's hunt was a 7/10. Made out with a 5, but then later made out with a 7-ish girl.

Couldn't get the one night but I did pull a couple legit hotties - couple 8s and one 9. Typical harvest.

All still MIA lol. Table was cheap as fuck so who am I to complain. Lol.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46575865)



Reply Favorite

Date: July 23rd, 2023 7:39 PM
Author: metal whorehouse bbw

Monday morning. Zero follow-through. Oh well lmao

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46581711)



Reply Favorite

Date: July 31st, 2023 9:30 PM
Author: Clear tattoo

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46614103)



Reply Favorite

Date: July 31st, 2023 9:31 PM
Author: Clear tattoo

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46614105)



Reply Favorite

Date: July 26th, 2023 8:11 PM
Author: metal whorehouse bbw

Hittin up the club tomorrow...PUMPED

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46594496)



Reply Favorite

Date: July 27th, 2023 7:39 PM
Author: metal whorehouse bbw

CLUBBING TONIGHT LETS FUCKING GO

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46598484)



Reply Favorite

Date: July 28th, 2023 10:10 PM
Author: metal whorehouse bbw

EPIC HUNT:

So last night I finish my workout and I am feeling kinda tired - 50/50 on going. My waiter tells me bidding for a main table is cheap so I bite. I've been striking out my past couple hunts so I am starting to get a little peeved.

I get to the table and notice the place is pretty empty for a Friday night. Now I'm nervous because this is my main club and where I've had some of the best hunts of my life - the 21 yr old 9 from a couple months ago, the Japanese 9 from last month, etc.

A typical hunt nets me around 10-15 digits - but for whatever reason I manage to only pull like 6 numbers and it is getting pretty late. No action at the table either aside from a little bit of grinding. I've been grinding it out until 5AM with nothing to show for it and no prospects. I bow out, because I am fucking tired as fuck by this point.

I go home, take a shower and go to sleep. I get like maybe 1 hour of sleep and a girl texts me saying she wants me to pick her up. I run out of my apartment and race to the club - it's only 5 mins away - and lo and behold, she is waiting for me in front of the club, and a guy was trying to take her home.

Thankfully, she gets in my car as soon as she spots me, we drive back to my place, and pretty much fuck as soon as she gets in my apartment. She's pretty cute: 25 years old, decent face, tats (LOL). Like a 6.5 overall.

Fucking annoying thing though was that she had a fucking smelly pussy. That shit pissed me off, but I wrapped my shit up so whatever. She tries to sleep after we fuck but she can't fall asleep and says she wants to eat.

We try a couple places nearby but they are all closed. I drive her home instead. She lives far as fuck from Seoul but I had to bite the bullet because, hey, she put out. Lol.

Drive back home, make some plans for tonight with my main harem girl. Mass text the rest of the girls from last night's hunt and now we wait to see what unfolds.

What an epic hunt. My last few hunts were awful so I was starting to get pretty desperate, tbh. But 25 year old pussy....I FUCKING LIVE FOR THIS SHIT!

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46602990)



Reply Favorite

Date: July 30th, 2023 6:32 PM
Author: metal whorehouse bbw

So apparently she completely went MIA yesterday.

Oh well Lmao

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46608939)



Reply Favorite

Date: July 31st, 2023 9:30 PM
Author: Clear tattoo

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46614094)



Reply Favorite

Date: July 31st, 2023 9:30 PM
Author: Clear tattoo

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46614095)



Reply Favorite

Date: July 31st, 2023 9:30 PM
Author: Clear tattoo

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46614097)



Reply Favorite

Date: July 31st, 2023 9:29 PM
Author: Clear tattoo

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46614093)



Reply Favorite

Date: July 31st, 2023 9:28 PM
Author: Clear tattoo

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46614079)



Reply Favorite

Date: July 31st, 2023 9:28 PM
Author: Clear tattoo

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46614082)



Reply Favorite

Date: July 31st, 2023 9:48 PM
Author: Clear tattoo

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46614085)



Reply Favorite

Date: July 31st, 2023 9:29 PM
Author: Clear tattoo

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46614088)



Reply Favorite

Date: July 31st, 2023 9:29 PM
Author: Clear tattoo

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46614309)



Reply Favorite

Date: July 31st, 2023 9:46 PM
Author: Sexy shitlib

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(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46614233)



Reply Favorite

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(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46614294)



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Date: July 31st, 2023 9:54 PM
Author: Clear tattoo

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46666348)



Reply Favorite

Date: August 3rd, 2023 6:38 PM
Author: metal whorehouse bbw

EPIC HUNT TONIGHT. LETS FUCKING GO.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46626692)



Reply Favorite

Date: August 6th, 2023 6:38 PM
Author: metal whorehouse bbw

OK so I was supposed to go Fri night but my main harem girl wanted to sleepover so I had to bail last minute. SUCKS.

This weekend I'm going on a vaca w/her so I won't be able to HAM until late Aug. Kinda pissed Lol.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46636601)



Reply Favorite

Date: August 9th, 2023 4:21 AM
Author: metal whorehouse bbw

really want to go clubbing on fri but depressed i have to wait until next weekend

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46647215)



Reply Favorite

Date: August 10th, 2023 7:48 PM
Author: metal whorehouse bbw

OK so I actually might be able to squeeze in a hunt tonight before my weekend vacation...LETS FUCKING GO!

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46654505)



Reply Favorite

Date: August 13th, 2023 7:58 PM
Author: metal whorehouse bbw

HUNT RESULTS:

2 prospects - both fizzled out over the weekend. Got zero action at the table lmao.

Main table was cheap though so I ain't complaining. Onwards to the next hunt!

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46665128)



Reply Favorite

Date: August 14th, 2023 12:53 AM
Author: Clear tattoo

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46666349)



Reply Favorite

Date: August 9th, 2023 4:31 AM
Author: infuriating bearded laser beams

Incredibly sad thread

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46647227)



Reply Favorite

Date: August 9th, 2023 5:00 AM
Author: Clear tattoo

isn't it just

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46647269)



Reply Favorite

Date: August 13th, 2023 8:05 PM
Author: Honey-headed arrogant wagecucks

Have you had any great nights this summer?

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46665151)



Reply Favorite

Date: August 13th, 2023 8:09 PM
Author: metal whorehouse bbw

Of course. Last hunt was kinda depressing bc I thought I had some pretty good prospects.

I'll probably go again tonight if I can get a cheap table bc tomorrow is a holiday.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46665171)



Reply Favorite

Date: August 13th, 2023 8:11 PM
Author: Honey-headed arrogant wagecucks

How's your new crew working out?

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46665182)



Reply Favorite

Date: August 13th, 2023 8:13 PM
Author: metal whorehouse bbw

I def. get the most action out of everyone but they all have their nights too Lol.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46665192)



Reply Favorite

Date: August 14th, 2023 12:49 AM
Author: Clear tattoo

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46666347)



Reply Favorite

Date: August 13th, 2023 8:16 PM
Author: massive hyperactive church building

do they all have slanty gooky eyes and effeminate faces like you?

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46665205)



Reply Favorite

Date: August 13th, 2023 8:17 PM
Author: metal whorehouse bbw

there is a certain gangnam girl look that i fucking love, if thats what youre referring to

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46665214)



Reply Favorite

Date: August 13th, 2023 8:19 PM
Author: massive hyperactive church building

No I’m referring to your (and every other korean “male”’s) slanty gooky eyes and womanly faces

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46665225)



Reply Favorite

Date: August 13th, 2023 8:20 PM
Author: metal whorehouse bbw

im a jacked wgwag stud and its 180

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46665231)



Reply Favorite

Date: August 13th, 2023 8:24 PM
Author: massive hyperactive church building

You’re a piss skin gook twink and if I ever saw you IRL I’d brutally rape you

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46665250)



Reply Favorite

Date: August 13th, 2023 8:24 PM
Author: metal whorehouse bbw

real internet tough guy here, folks

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46665252)



Reply Favorite

Date: August 14th, 2023 12:46 AM
Author: Clear tattoo

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also

Conscription in South Korea

Article Talk

Language

Watch

Edit

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

Edit

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[51] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[52] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[53]

Controversies

Edit

Violation of Forced Labour Convention

Edit

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[54] However, ILO defines conscription of non-military purpose as forced labour.[55]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. Majority (+90%) of the "Reserve - class 4 -" works as "social service agent (์‚ฌํšŒ๋ณต๋ฌด์š”์›)", and work with wages far less than the minimum legal wage at various fields including government offices, subway stations, tax offices, post offices and sanitarium.[54]

In April 2021, South Korea ratified the Forced Labour Convention. But the conscription of South Korea did not change. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4-" now have right to decide their methods of conscription between soldiers with active duty and "social service agents".[54]

However, ILO informed that enforcing "reserve - class 4-" to work as "social service agent" is a violation of the Forced Labour Convention in a number of their annual reports.[54]

Hazing

Edit

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

Edit

In recent years, the South Korean government is preparing a policy to lower conscription standards for mental and physical conditions that would previously be considered exempt, as it fears that the nation's low birthrate will lead to fewer conscripts. In 2021, South Korea had the lowest fertility rate in the world, a title also bestowed on the country the previous year.[56] However, experts warn that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[57]

Draft evasion

Edit

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[58][59] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[60] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[61] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

Edit

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[62] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[63] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[64] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[65] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[66]

See also



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First conscription examination, conducted on 16 December 1949 after liberation from Japan's colonial rule

Conscription

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Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male citizen of the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

Enlistment and impairment-disability evaluation

By law, when a South Korean man turns 18 years old, he is enlisted for "first citizen service," meaning he is liable for military duty, but is not yet required to serve.[10][11] When he turns 19 years old (or, in some instances, 20 years old), he is required to undergo an Impairment & Disability evaluation to determine whether he is suitable for military service. The table below shows the evaluation's possible grades and their outcomes, according to the Military Service Act.[12] Men must enlist by the time they turn 28.[13]

Grade Description Outcome

1, 2, 3 "Those whose physical and psychological constitution is healthy enough to perform actively in army." "To be enlisted for active duty service, supplemental service or the second citizen service, based on their qualifications, such as educational background and age."

4 "Those whose physical and psychological constitution is not so healthy for active training but capable of doing supplemental service for civilians as replacements

(This is a common grade for people with minor disabilities)."

"To be enlisted for supplemental service or the second citizen service, based on their qualifications, such as educational background and age."

5 "Those incapable of entering active or supplemental service, but capable of entering the second citizen service

(This is a common grade for people with disabilities)."

"To be enlisted for the second citizen service."

6 "Those incapable of performing military service due to any disease or mental or physical incompetence

(This is a common grade for people with severe disabilities)."

"To be exempted from military service."

7 "Those unable to be graded...due to any disease or mental or physical incompetence." "To undergo a follow-up physical examination" within two years.

Term of South Korea military service

Areas Notation of military service relevant regulation Commonly used terms Meaning

English Korean English Korean

Conscription examination Draft Physical Examination ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ

์ง•๋ณ‘๊ฒ€์‚ฌ

์ง•๋ณ‘์‹ ์ฒด๊ฒ€์‚ฌ Conscription Examination

Military Service Judgment Examination

Physical Examination(PE) ์ง•๋ณ‘๊ฒ€์‚ฌ

๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ

์‹ ์ฒด๊ฒ€์‚ฌ(์‹ ๊ฒ€)

Physical Grade ์‹ ์ฒด๋“ฑ๊ธ‰

์‹ ์ฒด๋“ฑ์œ„ Physical Grade ์‹ ์ฒด๋“ฑ๊ธ‰

Grade I

Grade II

Grade III

Grade IV

Grade V

Grade VI

Grade VII 1๊ธ‰

2๊ธ‰

3๊ธ‰

4๊ธ‰

5๊ธ‰

6๊ธ‰

7๊ธ‰ Grade 1

Grade 2

Grade 3

Grade 4

Grade 5

Grade 6

Grade 7 1๊ธ‰

2๊ธ‰

3๊ธ‰

4๊ธ‰

5๊ธ‰

6๊ธ‰

7๊ธ‰

— ๊ฐ‘์ข…

์ œ1์„์ข…

์ œ2์„์ข…

์ œ3์„์ข…

๋ณ‘์ข…

์ •์ข…

๋ฌด์ข… Grade A

Grade B-1

Grade B-2

Grade B-3

Grade C

Grade D

Grade E ๊ฐ‘์ข…

1์„์ข…

2์„์ข…

3์„์ข…

๋ณ‘์ข…

์ •์ข…

๋ฌด์ข… Physical grades names from Before 1984

- Disposition for military service

- Type of service Preliminary Military Service

First militia Service

First Citizen Service ๋ณ‘์—ญ์ค€๋น„์—ญ

์ œ1๊ตญ๋ฏผ์—ญ Preliminary Military Service

1st Citizen Service ๋ณ‘์—ญ์ค€๋น„์—ญ

์ œ1๊ตญ๋ฏผ์—ญ

Active Service ํ˜„์—ญ Active ํ˜„์—ญ

Reserve Service ์˜ˆ๋น„์—ญ Reserve Service ์˜ˆ๋น„์—ญ

Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ

Supplementary Service

Supplemental Service

Recruit Service ๋ณด์ถฉ์—ญ Supplementary Service ๋ณด์ถฉ์—ญ

Wartime labor service

Second militia Service

Second Citizen Service ์ „์‹œ๊ทผ๋กœ์—ญ

์ œ2๊ตญ๋ฏผ์—ญ Exemption from Military Service in Ordinary time

Exemption from Ordinary time ํ‰์‹œ๋ณ‘์—ญ๋ฉด์ œ

ํ‰์‹œ๋ฉด์ œ

Exemption from Military service ๋ณ‘์—ญ๋ฉด์ œ Exemption from All Military Service

All exemption ๋ณ‘์—ญ์™„์ „๋ฉด์ œ

์™„์ „๋ฉด์ œ

Removal from Military Register ๋ณ‘์—ญ์ œ์  Exemption from All Military Service by Criminal record

All exemption from Criminal record ์ „๊ณผ์— ์˜ํ•œ ๋ณ‘์—ญ์™„์ „๋ฉด์ œ

์ „๊ณผ์— ์˜ํ•œ ์™„์ „๋ฉด์ œ

์ „๊ณผ๋กœ ๋ณ‘์—ญ์™„์ „๋ฉด์ œ

์ „๊ณผ๋กœ ์™„์ „๋ฉด์ œ In the case of being sentenced to more than 6 years in prison under the ROK Military service act, it was Removal from Military service registration.[14]

Disposition for subject to active duty, service, etc. Enlisted in Active Service ํ˜„์—ญ์ž…์˜๋Œ€์ƒ Active duty

Subject to Enlist

Subject to Conscription

Subject to Draft ํ˜„์—ญ๋Œ€์ƒ

ํ˜„์—ญ์ž…์˜๋Œ€์ƒ

์ง•๋ณ‘๋Œ€์ƒ

Called for Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ์†Œ์ง‘๋Œ€์ƒ Subject to Called for Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ์†Œ์ง‘๋Œ€์ƒ

Disposition for subject to supplementary service callup, service, etc. Called for Defense ๋ฐฉ์œ„์†Œ์ง‘๋Œ€์ƒ Called for Defense ๋ฐฉ์œ„์†Œ์ง‘๋Œ€์ƒ Defense Call-up(Defense soldier call-up) is classified as a supplementary service from 1969 to 1994. It was in the form of commuting from home to Military unit(or Police station, Police box, Conscription part of Town office).

— ๋ฐฉ์œ„๋ณ‘ Defense Soldier ๋ฐฉ์œ„๋ณ‘

Called for Public Interest Service ๊ณต์ต๊ทผ๋ฌด์š”์›์†Œ์ง‘๋Œ€์ƒ Called for Public Service ๊ณต์ต๋ณต๋ฌด์š”์› ์†Œ์ง‘๋Œ€์ƒ

Called for Social Service ์‚ฌํšŒ๋ณต๋ฌด์š”์›์†Œ์ง‘๋Œ€์ƒ Called for Social Service ์‚ฌํšŒ๋ณต๋ฌด์š”์› ์†Œ์ง‘๋Œ€์ƒ

Public interest service Personnel ๊ณต์ต๊ทผ๋ฌด์š”์› Social Service Personnel ๊ณต์ต๊ทผ๋ฌด์š”์›

Social Service Personnel ์‚ฌํšŒ๋ณต๋ฌด์š”์› Social Service Personnel ์‚ฌํšŒ๋ณต๋ฌด์š”์›

Certificate of Military Registration

Certificate of Military Registration data notation[15][16]

English Korean

Name Hong Gil-dong ํ™ ๊ธธ๋™

Kim Han-guk ๊น€ ํ•œ๊ตญ

Birth date 12 Mar. 1979 790312

28 Mar. 2001 2001. 3.28

Physical grade Grade I, II, III, IV, V, VI, VII 1, 2, 3, 4, 5, 6, 7๊ธ‰

Draft Physical Examination Omitted ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์ƒ๋žต

Disposition for military service Preliminary Military Service ๋ณ‘์—ญ์ค€๋น„์—ญ

Subject to Draft Physical Examination ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ๋Œ€์ƒ

Active Service ํ˜„์—ญ

Enlisted in Active Service ํ˜„์—ญ๋ณ‘์ž…์˜๋Œ€์ƒ

Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ

Called for Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ์†Œ์ง‘๋Œ€์ƒ

Supplementary Service ๋ณด์ถฉ์—ญ

Called for Social Service ์‚ฌํšŒ๋ณต๋ฌด์š”์›์†Œ์ง‘๋Œ€์ƒ

Alternative Service ๋Œ€์ฒด์—ญ

Called for alternative service ๋Œ€์ฒด๋ณต๋ฌด์š”์›์†Œ์ง‘๋Œ€์ƒ

Reserve Service ์˜ˆ๋น„์—ญ

Subject to Follow-up Physical Examination ์žฌ์‹ ์ฒด๊ฒ€์‚ฌ๋Œ€์ƒ

Wartime Labor Service ์ „์‹œ๊ทผ๋กœ์—ญ

Exemption from Military Service ๋ณ‘์—ญ๋ฉด์ œ

Removal from Military Register ๋ณ‘์ ์ œ์ (6๋…„์ด์ƒ์ˆ˜ํ˜•)

Reason of disposition An only son ๋…์ž

Wounded in action or injured in the line of duty ์ „·๊ณต์ƒ

(Family member) wounded in action or injured in the line of duty (๊ฐ€์กฑ)์ „·๊ณต์ƒ

Difficulties in Earning a Livelihood ์ƒ๊ณ„์œ ์ง€๊ณค๋ž€

Not Completing Middle School ์ค‘ํ•™๊ต ์ค‘ํ‡ด์ดํ•˜

Long-term Waiting ์žฅ๊ธฐ๋Œ€๊ธฐ

Emigration ๊ตญ์™ธ์ด์ฃผ(์ด๋ฏผ)

Acquisition of the Permanent Residence Right ์˜์ฃผ๊ถŒ์ทจ๋“

Loss of nationality ๊ตญ์ ์ƒ์‹ค

Thirty-one years of age or older 31์„ธ์ด์ƒ

Thirty-six years of age or older 36์„ธ์ด์ƒ

Remaining in Physical Grade VII for one year or longer 7๊ธ‰1๋…„์ด์ƒ

Remaining in Physical Grade VII for two year or longer 7๊ธ‰2๋…„์ด์ƒ

Naturalization ๊ท€ํ™”

Multiracial child ํ˜ผํ˜ˆ์•„

Serving a sentence ์ˆ˜ํ˜•

Child born out of wedlock ํ˜ผ์ธ์™ธ ์ถœ์ƒ์ž

Excluded from the Public ์ œ์™ธ

Immigrated from the North of the Military Demarcation Line ๊ตฐ์‚ฌ๋ถ„๊ณ„์„  ์ด๋ถ์ง€์—ญ์—์„œ ์ด์ฃผ

Boot camp Army Recruit Training Center ์œก๊ตฐ ํ›ˆ๋ จ์†Œ

OO Replacement Center OO ๋ณด์ถฉ๋Œ€

OO Division OO ์‚ฌ๋‹จ

Draft examination Postponement of Draft Physical Examination (Studying Abroad) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(์œ ํ•™)

Postponement of Draft Physical Examination (Seafarer) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(์„ ์›)

Postponement of Draft Physical Examination (Residing Abroad) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(๊ตญ์™ธ์ด์ฃผ)

Postponement of Draft Physical Examination (Emigration) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(๊ตญ์™ธ๊ฑฐ์ฃผ)

Postponement of Draft Physical Examination (In Prison) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(์žฌ๊ฐ)

Evasion of Draft Physical Examination ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ ๊ธฐํ”ผ

Enlist of active Postponement of Conscription (Student) ์ž…์˜์—ฐ๊ธฐ(์žฌํ•™์ƒ)

Postponement of Conscription (Studying Abroad) ์ž…์˜์—ฐ๊ธฐ(์œ ํ•™)

Postponement of Conscription (Residing Abroad) ์ž…์˜์—ฐ๊ธฐ(๊ตญ์™ธ๊ฑฐ์ฃผ)

Postponement of Conscription (Emigration) ์ž…์˜์—ฐ๊ธฐ(๊ตญ์™ธ์ด์ฃผ)

Postponement of Conscription (Training in Research Institute) ์ž…์˜์—ฐ๊ธฐ(์—ฐ์ˆ˜)

Postponement of Conscription (Outstanding Athlete) ์ž…์˜์—ฐ๊ธฐ(์šฐ์ˆ˜์—ฐ์ˆ˜)

Postponement of Conscription Date ์ž…์˜์ผ์ž ์—ฐ๊ธฐ

Homecoming after Conscription ์ž…์˜ํ›„ ๊ท€๊ฐ€

Subject to Notice of Re-Conscription ์žฌ์ž…์˜ํ†ต์ง€๋Œ€์ƒ

Domestic Reason ๊ฐ€์‚ฌ์‚ฌ์ •

Employed Abroad ๊ตญ์™ธ์ทจ์—…

Residing in an Unreclaimed Area ๋ฏธ์ˆ˜๋ณต์ง€๊ตฌ๊ฑฐ์ฃผ

Application for Military Service ๊ตฐ ์ง€์›

Evasion of Conscription ์ž…์˜๊ธฐํ”ผ

Missing ํ–‰๋ฐฉ๋ถˆ๋ช…

(Medical/Judicial/Religious) Officer/Cadet Officer (์˜๋ฌด/๋ฒ•๋ฌด/๊ตฐ์ข…)์žฅ๊ต/์‚ฌ๊ด€ํ›„๋ณด์ƒ

Basic Branch Officer ๊ธฐ๋ณธ๋ณ‘๊ณผ์žฅ๊ต

Noncommissioned Cadet Officer ๋ถ€์‚ฌ๊ด€ ํ›„๋ณด์ƒ

Enlistment in OO OO ํŽธ์ž…

Removed from OO OO ์ œ์ 

Call of supplementary service, etc. Postponement of Call (Student) ์†Œ์ง‘์—ฐ๊ธฐ(์žฌํ•™์ƒ)

Postponement of Call (Studying Abroad) ์†Œ์ง‘์—ฐ๊ธฐ(์œ ํ•™)

Postponement of Call (Seafarer) ์†Œ์ง‘์—ฐ๊ธฐ(์„ ์›)

Postponement of Call (Residing Abroad) ์†Œ์ง‘์—ฐ๊ธฐ(๊ตญ์™ธ๊ฑฐ์ฃผ)

Postponement of Call (Emigration) ์†Œ์ง‘์—ฐ๊ธฐ(๊ตญ์™ธ์ด์ฃผ)

Postponement of Call (Training in Research Institute) ์†Œ์ง‘์—ฐ๊ธฐ(์—ฐ์ˆ˜)

Postponement of Call (Outstanding Athlete) ์†Œ์ง‘์—ฐ๊ธฐ(์šฐ์ˆ˜์—ฐ์ˆ˜)

Postponement of Call Date ์†Œ์ง‘์ผ์ž์—ฐ๊ธฐ

Exemption from Call ์†Œ์ง‘๋ฉด์ œ

Evasion from Call ์†Œ์ง‘๊ธฐํ”ผ

Enlistment in OO (์‚ฐ์—…์š”์›๋“ฑ)ํŽธ์ž…

Cancellation of Enlistment in OO OO ํŽธ์ž…์ทจ์†Œ

Advance Service ์„ ๋ณต๋ฌด

Social Service Personnel ์‚ฌํšŒ๋ณต๋ฌด์š”์›

International Cooperation Service Personnel ๊ตญ์ œํ˜‘๋ ฅ๋ด‰์‚ฌ์š”์›

Art and Sports Personnel ์˜ˆ์ˆ ์ฒด์œก์š”์›

Expert Research Personnel ์ „๋ฌธ์—ฐ๊ตฌ์š”์›

Industrial Technical Personnel ์‚ฐ์—…๊ธฐ๋Šฅ์š”์›

International Cooperative Doctor ๊ตญ์ œํ˜‘๋ ฅ์˜์‚ฌ

Public-Service Advocate ๊ณต์ต๋ฒ•๋ฌด๊ด€

Public Health Doctor ๊ณต์ค‘๋ณด๊ฑด์˜์‚ฌ

Doctor Exclusively in Charge of Draft Physical Examination ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์ „๋‹ด์˜์‚ฌ

Onboard Ship Reserve Service ์Šน์„ ๊ทผ๋ฌด์˜ˆ๋น„์—ญ

Alternative Service Personnel ๋Œ€์ฒด๋ณต๋ฌด์š”์›

Others Ban on foreign travel (a person who has stayed in the country for one year or longer) ์ถœ๊ตญ๊ธˆ์ง€(1๋…„์ด์ƒ ๊ตญ๋‚ด์ฒด์žฌ)

Removal of the ban on foreign travel (others)

Jehovah's Witnesses ์—ฌํ˜ธ์™€์˜ ์ฆ์ธ

Departure before age 24 24์„ธ์ด์ „์ถœ๊ตญ

Period of Mandatory Service ์˜๋ฌด๋ณต๋ฌด๊ธฐ๊ฐ„

Exclusion from the Military Service ๊ตฐ๋ณต๋ฌด ์ œ์™ธ๊ธฐ๊ฐ„

Short-term overseas travel ๋‹จ๊ธฐ์—ฌํ–‰

Illegal stay in a foreign country ๊ตญ์™ธ๋ถˆ๋ฒ•์ฒด์žฌ

Violation of duty to obtain permission for overseas travel ๊ตญ์™ธ์—ฌํ–‰ํ—ˆ๊ฐ€์˜๋ฌด์œ„๋ฐ˜

Forces Army ์œก๊ตฐ

Navy ํ•ด๊ตฐ

Air Force ๊ณต๊ตฐ

Marine, Subordinate to ROK Navy ํ•ด๋ณ‘๋Œ€

Expiration date Indefinite ๋ฌด๊ธฐํ•œ

6 Months 6์›”

Type of service Reserve Service ์˜ˆ๋น„์—ญ

Recruit Service ๋ณด์ถฉ์—ญ

Exemption from the Service ๋ฉด์—ญ

Retirement from the Service ํ‡ด์—ญ

Removal from Military Register ๋ณ‘์ ์ œ์ 

Discharge Discharge from Military Service ์ „์—ญ

Discharge from Military Service by Application ์›์— ์˜ํ•œ ์ „์—ญ

Forced Discharge from Military Service ์›์— ์˜ํ•˜์ง€ ์•„๋‹ˆํ•œ ์ „์—ญ

Home on Leave from Military Service ๊ท€ํœด์ „์—ญ

Discharge from Military Service as Woman ์—ฌ๊ตฐ์ „์—ญ

Completion of Service ๋ณต๋ฌด๋งŒ๋ฃŒ

Completion of Service(Release from Call) ๋ณต๋ฌด๋งŒ๋ฃŒ(์†Œ์ง‘ํ•ด์ œ)

Completion of Military Service ๋งŒ๊ธฐ

Age Limit ์—ฐ๋ น์ •๋…„

Disease ์˜๋ณ‘

Domestic Reason ๊ฐ€์‚ฌ์‚ฌ์ •(์˜๊ฐ€์‚ฌ)

Difficulties in Maintaining Household ์ƒ๊ณ„๊ณค๋ž€

An only son ๋…์ž

wounded in action or injured in the line of duty ์ „·๊ณต์ƒ

Emigration ๊ตญ์™ธ์ด์ฃผ

Disqualification ์‹ ๋ถ„์ƒ์‹ค

Exclusion to the Public ์ œ์™ธ

Secession from Military Service ๊ตฐ๋ณต๋ฌด์ดํƒˆ(์‚ญ์ œ)

Removal from the Army Register ๊ตฐ ์ œ์ 

Self-Surrender ์ž์ˆ˜์‹ ๊ณ 

National Land Construction Corps ๊ตญํ† ๊ฑด์„ค๋‹จ

Volunteer Soldier as a Student ํ•™๋„์˜์šฉ๊ตฐ

Military Service Act ๋ณ‘์—ญ๋ฒ•

Enforcement Decree of Military Service Act ๋ณ‘์—ญ๋ฒ•์‹œํ–‰๋ น

Detailed Enforcement Regulation of Military Service Act ๋ณ‘์—ญ๋ฒ• ์‹œํ–‰๊ทœ์น™

Combatant police, etc. Combatant Police Officer ์ „ํˆฌ๊ฒฝ์ฐฐ

Auxiliary Police Officer ์˜๋ฌด๊ฒฝ์ฐฐ

Obligatory Fireman ์˜๋ฌด์†Œ๋ฐฉ

Coast Guard ํ•ด์–‘๊ฒฝ์ฐฐ

Correctional Guard ๊ฒฝ๋น„๊ต๋„

Legal Military service age

The age standard is from January 1 to December 31 of the year of age.

โ– : Age group of Mandatory Military service

โ– : Age group of Mandatory Military service in Wartime

Age Mandatory military service Duty of conscription examination and enlist, etc. Type of service Note

17 or younger Military Manpower Administration takes over the Identity registration data of persons (17-year-old male) who are enrollment to Military Service Registration(Assignment the Preliminary Military Service) in the following year from the Ministry of the Interior, and transmits them to the Local Military Manpower Office.

18 Subject for Mandatory Military service of Peacetime No, but voluntary enlistment possible.

- Assignment the Preliminary Military Service.

- Persons with disabilities registered under the Disabled registration system is Wartime Labor Service or Exemption from Military Service.Note 1

1.Age group subject to Civil Defense Corps under the Framework Act on Civil Defense from the age of 20[17]

2.Subject to a return order from the chief of staff of each military if he desertied while serving on the basis of active duty soldiers.

3.Reserve soldiers and Completed their service Supplementary soldiers in the Age group of Exemption from Duty of conscription examination and enlist, etc.(38 to 40 years old, 38 to 45 years old in Wartime) can be assigned to the Reserve Force according to the Reserve Forces Act on a wartime basis.[18]

19 to 35 All Military service obligators are obligated to Conscription examination and Enlist/Call-up(Passed person from Conscription examination. Active duty is Enlist, Supplementary Service is Call-up) 1.According to the results of the Conscription examination.(Military Disposition. Active duty, Supplementary service, Wartime labor service or Exempted from Military service)

2.When the Mandatory service(Active service) period is completed, they are transferred to reserve service.

36 to 37 1.In the peacetime, General Military service obligators are no Conscription examination and Enlist/Call-up

2.In the peacetime, Military Service Act Violators, Oversea stayer, etc. are obligated to Conscription examination. When disposed of as a Supplementary service, there is an Obligation to convene Public service.

3.In the wartime, All Military service obligators are obligated to enlist as conscription examination and active duty.

1.Same as above.

2.Military Service Act Violators, Overseas stayer, etc. are Subject to Supplementary service, Wartime Labor Service or Exempted from Military service according to the results of the Conscription examination.

38 to 40 In any case, No duty of Conscription Examination and Enlist. Same as above.

41 to 45 1.End of Mandatory Military service from Peacetime(Soldier ranks)

2.Extension of Mandatory Military service from Wartime Exemption from Service for Active Soldiers, Reserve Soldiers, Supplementary Soldiers, Wartime Labor Service in PeacetimeNote 2 Reserve soldiers and Completed their service Supplementary soldiers can be assigned to the Reserve Force according to the Reserve Forces Act on a Wartime basis.

46 or older End of Mandatory Military service from Peacetime and Wartime. Exemption from Service for Active, Reserve, Supplementary Soldiers, Wartime Labor Service in Peacetime and WartimeNote 2 Expanded 50 years of age for the Wartime Civil Defense Corps

Note 1: Some disabled person (mild disabled person). If the disability status of a disabled person changes at the age of 19, or if a reason for the return of the disabled registration card occurs, a Conscription Examination shall be performed.

Note 2:

Republic of Korea Armed Forces soldier (Byeong) ranks

English Korean

Army Navy Air Force Marine Corps

Sergeant Petty Officer Second Class Staff Sergeant Sergeant ๋ณ‘์žฅ

Corporal Petty Officer Third Class Senior Airman Corporal ์ƒ๋“ฑ๋ณ‘

Private First Class Seaman Airman First Class Lance Corporal ์ผ๋“ฑ๋ณ‘

Private Second Class Seaman Apprentice Airman Private First Class ์ด๋“ฑ๋ณ‘

Note 3: Retirement of Officers, Warrant officers, and Noncommissioned officers when they reach retirement age of rank from Military Personnel Management Act.[19]

History of military service age

1971 to 1984

Age Mandatory military service Duty of conscription examination and enlist, etc. Type of service

17 or younger — None. —

18 to 19 Subject for Mandatory Military service of Peacetime Assignment the 1st Citizen Service.

20 to 30 All Military service obligators are obligated to Conscription examination and Enlist/Call-up (Passed person from Conscription examination. Active duty is Enlist, Supplementary Service is Call-up) 1.According to the results of the Conscription examination. (Military Disposition. Active duty, Supplementary service, Wartime labor service or Exempted from Military service)

2.Those who are not Active (Serving), Reserve, or Supplementary Service are the 1st Citizen service.

3.When the Mandatory service (Active service) period is completed, they are transferred to Reserve service.

31 to 35 1.In peacetime, All Military Service Obligators (Including those Military Service Act Violators, Oversea stayer, etc.) are no Conscription examination, Enlist, Supplementary Service Call-up (Exemption from Call)Note 1

2.In the wartime, All Military service obligators are obligated to enlist as conscription examination and active duty. 1.Same as above.

2.The 1st Citizen service that has not been Conscription examination and those Subject to Active Enlist (Subject to draft) who have not been notified of Active draft are transferred to Supplementary service.

36 to 40 In any case, No duty of Conscription Examantion and Enlist.

41 to 45 1.End of Mandatory Military service from Peacetime (Soldier ranks)

2.Extension of Mandatory Military service from Wartime Exemption from Service for Active Soldiers, Reserve Soldiers, Supplementary Soldiers, Wartime Labor Service in PeacetimeNote 2

46 or older End of Mandatory Military service from Peacetime and Wartime. Exemption from Service for Active, Reserve, Supplementary Soldiers, 2nd Citizen Service in Peacetime and WartimeNote 2

Note 1: According to Article 7 of the Military Service Act Addenda in 1971, Military Service Act Violators(Conscription examination or Enlist refusers/dodgers) as of the enforcement year(1971) are obligated to Conscription examination and enlist.[20]

Note 2: Retirement of Officers, Warrant officers, and Noncommissioned officers when they reach retirement age of rank.

1984 to 1993

Age Mandatory military service Duty of conscription examination and enlist, etc. Type of service

17 or younger a 17-year-old person (17-year-old male) must report the incorporation of the 1st Citizen service to the Town mayor or Village Chief. No, But Possible the Voluntary enlist.

18 Subject for Mandatory Military service of Peacetime not enlisted from 1st Citizen Service

19 to 30 All Military service obligators are obligated to Conscription examination and Enlist/Call-up (Passed person from Conscription examination. Active duty is Enlist, Supplementary Service is Call-up) 1.According to the results of the Conscription examination. (Military Disposition. Active duty, Supplementary service, Wartime labor service or Exempted from Military service)

2.Those who are not Active (Serving), Reserve, or Supplementary Service are the 1st Citizen service.

3.When the Mandatory service (Active service) period is completed, they are transferred to Reserve service.

31 to 35 1.In the peacetime, All Military Service Obligators (Including those Military Service Act Violators, Oversea stayer, etc.) are no Conscription examination, Enlist, Supplementary Service Call-up (Exemption from Call)

2.In the wartime, All Military service obligators are obligated to enlist as conscription examination and active duty. 1.Same as above.

2.The 1st Citizen service that has not been Conscription examination and those Subject to Active Enlist (Subject to draft) who have not been notified of Active draft are transferred to Supplementary service.

36 to 40 In any case, No duty of Conscription Examantion and Enlist.

41 to 45 1.End of Mandatory Military service from Peacetime (Soldier ranks)

2.Extension of Mandatory Military service from Wartime Exemption from Service for Active Soldiers, Reserve Soldiers, Supplementary Soldiers, Wartime Labor Service in PeacetimeNote

46 or older End of Mandatory Military service from Peacetime and Wartime. Exemption from Service for Active, Reserve, Supplementary Soldiers, 2nd Citizen Service in Peacetime and WartimeNote

Note: Retirement of Officers, Warrant officers, and Noncommissioned officers when they reach retirement age of rank.

1994 to 2010

Age Mandatory military service Duty of conscription examination and enlist, etc. Type of service

17 or younger a 17-year-old person (17-year-old male) must report the incorporation of the 1st Citizen service to the Town mayor or Village Chief. (Before February 5, 1999)

Military Manpower Administration takes over the Identity registration data of persons (17-year-old male) who are enrollment to Military Service Registration (Assignment the Preliminary Military Service) in the following year from the Ministry of the Interior, and transmits them to the Local Military Manpower Office. (After February 5, 1999)

18 Subject for Mandatory Military service of Peacetime No, but voluntary enlistment is possible. Assignment the 1st Citizen Service.

Persons with disabilities registered under the Disabled registration system is Wartime Labor Service or Exemption from Military Service.

19 to 30 All Military service obligators are obligated to Conscription examination and Enlist/Call-up (Passed person from Conscription examination. Active duty is Enlist, Supplementary Service is Call-up) 1.According to the results of the Conscription examination. (Military Disposition. Active duty, Supplementary service, Wartime labor service or Exempted from Military service)

2.When the Mandatory service (Active service) period is completed, they are transferred to reserve service.

31 to 35 1.In the peacetime, General Military service obligators are no Conscription examination and Enlist/Call-up

2.In the peacetime, Military Service Act Violators, Oversea stayer, etc. are obligated to Conscription examination. When disposed of as a Supplementary service, there is an Obligation to convene Public service.

3.In the wartime, All Military service obligators are obligated to enlist as conscription examination and active duty.

1.Same as above.

2.Military Service Act Violators, Overseas stayer, etc. are Subject to Supplementary service, Wartime Labor Service or Exempted from Military service according to the results of the Conscription examination.

38 to 40 In any case, No duty of Conscription Examination and Enlist. Same as above.

41 to 45 1.End of Mandatory Military service from Peacetime (Soldier ranks)

2.Extension of Mandatory Military service from Wartime Exemption from Service for Active Soldiers, Reserve Soldiers, Supplementary Soldiers, Wartime Labor Service in PeacetimeNote

46 or older End of Mandatory Military service from Peacetime and Wartime. Exemption from Service for Active, Reserve, Supplementary Soldiers, Wartime Labor Service in Peacetime and WartimeNote

Note: Retirement of Officers, Warrant officers, and Noncommissioned officers when they reach retirement age of rank.

Determination criteria of physical grades

There are seven physical grades. Grade name is I, II, III, IV, V, VI and VII. Before 1984 grades name is A, B (respectively B-I, B-II, B-III), C, D and E

Before 1984 After 1984

Name Korean Name Korean

Grade A ๊ฐ‘์ข… Grade I 1๊ธ‰

Grade B-I ์ œ1์„์ข… Grade II 2๊ธ‰

Grade B-II ์ œ2์„์ข… Grade III 3๊ธ‰

Grade B-III ์ œ3์„์ข… Grade IV 4๊ธ‰

Grade C ๋ณ‘์ข… Grade V 5๊ธ‰

Grade D ์ •์ข… Grade VI 6๊ธ‰

Grade E ๋ฌด์ข… Grade VII 7๊ธ‰

I, II, III and IV is Accepted, and grades V, VI and VII is Rejected.

The criteria for determining the physical grade shall be in accordance with Attached form 2 and 3 of the "Rules for examination of Conscription Physical Examination, etc.(๋ณ‘์—ญํŒ์ • ์‹ ์ฒด๊ฒ€์‚ฌ ๋“ฑ ๊ฒ€์‚ฌ๊ทœ์น™ [ko])" Attached form 2 sets the criteria for determining height and weight. Attached form 3 is the evaluation criteria for diseases and mental and physical disabilities, which vary from year to year.

In the following criteria, diseases and mental and physical disabilities are described mainly as representative or known.

Physical grades Accepted or Rejected Standards[21] Type of military service[22]

I Accepted Physical and Psychological constitution is healthy, and can serve in active duty or supplementary service.

Active duty, Supplementary service, and Wartime labor service based on Qualifications (Educational background, Age, etc.)

2

3

4

5 Rejected Those incapable of entering active or supplementary service, but capable of entering the wartime labor service Wartime labor service

6 Those incapable of performing military service due to disease or mental or physical disorder Exempted from Military service

7 In the case where grades I, II, III, IV, V, VI cannot be received due to Disease or Mental and Physical disability Subject to Rephysical examination

Physical grade Height (centimeters), weight (BMI) Disease or disabled

I

Height 161๏ฝž203.9 cm๏ผšBMI20.0๏ฝž24.9

A completely healthy person without illness or physical disability

Those in good condition after treatment of acute infectious diseases

II

Height 161๏ฝž203.9 cm๏ผšBMI18.5๏ฝž19.9ใƒปBMI25.0๏ฝž29.9

Allergic rhinitis

III

Height 159๏ฝž160 cm๏ผšBMI16.0๏ฝž34.9

Height 161๏ฝž203.9 cm๏ผšBMI16.0๏ฝž18.4, BMI30.0๏ฝž34.9

Hepatitis B carrier

Conservative treated or Operated PneumothoraxNote 1

Mental disease

Minor, Mild Depression

Minor, Mild Obsessive-compulsive disorder

Several Developmental Disability (ADHD, Learning Disability)

IV

Height 146๏ฝž158 cm

Height 159๏ฝž203.9 cm: Below BMI16.0 and BMI35.0 or Over

Height 204 cm or Over

Case of endoscopic surgery with either Early gastric cancer, Early colorectal cancer, or Carcinoid

Prodrome of Skin malignant tumor(Giant acromegaly condyloma, Bowen disease), Basal cell carcinoma

Mental disease

Borderline intellectual functioning

Mild Autism Spectrum Disorder (High-functioning Autism, Asperger Syndrome, PDD-NOS without Intellectual Disability)

V

Height 140.1๏ฝž145 cm

Mental disease

Schizophrenia

Gender dysphoria

Mild Intellectual Disability

Autism Spectrum Disorder without Intellectual Disability (High-functioning Autism, Asperger Syndrome, PDD-NOS without Intellectual Disability)

VI

Height 140 cm or Below

Malignant tumor (Cancer)

Metastasized skin cancer

Bone cancer

HIV carrier

Hansen's Disease (Leprosy)

Mental disease

Schizophrenia with Personality devastated

Moderate, Severe and Profound Intellectual Disability

Autism Spectrum Disorder with Intellectual Disability (Low-functioning autism, Childhood disintegrative disorder)

VII

Note 1: Surgery due to pneumothorax is Grade V in 1992.

Disposition for military service by educational background and physical grade

According to Article 14 of the Military Service Act, grades I to IV are based on qualifications (education, age, etc.) and are subject to active service, supplementary, wartime workers, Grade V exemptions, Grade VI exemptions, and Grade VII medical examinations. The criteria for disposing of active duty or supplementary officers in grades I to IV are determined by the Military Manpower Administration's announcement (annual announcement of conscription inspection). According to the announcement, the criteria for military service are as follows.

Active duty (ํ˜„์—ญ, Subject to Enlist for Active duty. Subject to Draft)

Mix of active and supplementary

Supplementary service (๋ณด์ถฉ์—ญ)

Wartime labor service (์ „์‹œ๊ทผ๋กœ์—ญ)[23]

Exempted from Military service (๋ณ‘์—ญ๋ฉด์ œ)

Subject to Physical Reexamination (์žฌ๊ฒ€์‚ฌ๋Œ€์ƒ)

Disposition for military service by educational background and physical grade (after 2021)

Educational background Physical grade

I II III IV V VI VII

Regardless Active duty Supplementary service Wartime Labor Service Exempted from Military service Subject to Physical reexamination

History of disposition for military service

1950s to 1969

Before the 1970s, the criteria for disposition of active duty and supplementary military service cannot be confirmed due to lack of data at the time.[24]

in 1950 to 1955

1950: It was the first year in the Republic of Korea that the Conscription was implemented. At that year, due to the limitation of 100,000 troops by the Korean military, the conscription system and Conscription Examination were suspended. However, in June of the same year, when the Korean War broke out, there was an unofficial conscription.

1952: As the Conscription system was Implemented again, Conscription Examination began again.

Educational

background Physical grade

A B-I B-II C D E

Regardless Accepted (Active duty, 1st Supplementary service, 2nd Supplementary service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1956

Educational background Physical grade

A B-I C D E

Regardless Accepted (Active duty, 1st Supplementary military service, 2nd Supplementary military service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1957

The supplementary military service was abolished by the enforcement of the revised Military Service Act from August 1957.[25]

Educational background Physical grade

A B-I B-II C D E

Regardless Accepted

(Active duty, 1st Supplementary military service, 2nd Supplementary military service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1958 to 1960

On February 24, 1958, there were Re-examination measures after canceling the judgment on 45,000 Grade C judges in the 1950 to 1957 Conscription examination.

Educational background Physical grade

A B-I B-II B-III C D E

Regardless Accepted (Active duty) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1961

There was a physical examination of public officials who were judged to be Grade C.

In 1961, there was a physical examination of 128,422 embroidered persons who reported between June 21 and June 30, which was set as the period for reporting embroidery of those who failed to serve in the military.

Educational background Physical grade

A B-I B-II C D E

Regardless Accepted (Active duty) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1962

Those born on or after January 1, 1930, who have been punished for active service under the Military Service Act enacted before October 1, 1962, and who have not joined the army, will be transferred to the 1st supplementary role and will be supplemented. (Except for those who joined the National Land Construction Team(๊ตญํ† ๊ฑด์„ค๋‹จ [ko]) in 1961.)

Educational background Physical grade

A B-I B-II B-III B-IV B-V C D E

Regardless Accepted (Active duty)

(After Oct, 1st 1962, Active duty, 1st Supplementary service, 2nd Supplementary service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1963 to 1969

Among those who were examined for conscription in 1962, those who were judged to be Grade B4 and B5 were transferred to Grade C and converted to 2nd Citizen service.

Educational background Physical grade

A B-I B-II B-III C D E

Regardless Accepted (Active duty, 1st Supplementary service, 2nd Supplementary service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

After 1970s

1970

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout

Elementary school Graduated

Elementary school Dropout or less Active duty Supplementary service

1971

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout Active duty Supplementary service

Elementary school Graduated

Elementary school Dropout or less Active duty Supplementary service

1972

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout

Elementary school Graduated

Elementary school Dropout or less Active duty Supplementary service

1973

Middle school Graduated or more

Grade A, B-I, B-II: Active duty

Grade B-III: Supplementary service

Elementary school Graduated or more, Middle school Dropout or less

Grade A: Active duty

Grade B-I, B-II, B-III: Supplementary service

Elementary school Dropout or less: 2nd Citizen service

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout Active duty Supplementary service

Elementary school Graduated

Elementary school Dropout or less 2nd Citizen service

1974 to 1976

College attending or more

Grade A, B-I, B-II: Active duty

Grade B-III: Supplementary service

Middle school Graduated or more, High school Dropout or less

Grade A, B-I: Active duty

Grade B-II, B-III: Supplementary service

Elementary school Graduated or more, Middle school Dropout or less

Grade A: Active duty

Grade B-I, B-II, B-III: Supplementary service

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Graduated

Middle school Graduated

Middle school Dropout Active duty Supplementary service

Elementary school Graduated

Elementary school Dropout or less 2nd Citizen service

1977 to 1979

College attending or more

Grade A, B-I, B-II, B-III: Active duty

High school Graduated or less

Grade A, B-I: Active duty

Grade B-II, B-III: Supplementary service

Middle school Dropout or less: 2nd Citizen service

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1980 to 1983

College attending or more

ใ€€Grade A, B-I, B-II: Active duty

ใ€€Grade B-III: Supplementary service

High school Graduated or less

ใ€€Grade A: Active duty

ใ€€Grade B-I, II, III: Supplementary service

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1984

In 1984, Change of Physical Grade Name.

Before 1984 After 1984

Name Korean Name Korean

A ๊ฐ‘์ข… I 1๊ธ‰

B-I ์ œ1์„์ข… II 2๊ธ‰

B-II ์ œ2์„์ข… III 3๊ธ‰

B-III ์ œ3์„์ข… IV 4๊ธ‰

C ๋ณ‘์ข… V 5๊ธ‰

D ์ •์ข… VI 6๊ธ‰

E ๋ฌด์ข… VII 7๊ธ‰

College attending or more

ใ€€Grade I, II, III: Active duty

ใ€€Grade IV: Supplementary service

High school Graduated

ใ€€Grade I, II: Active duty

ใ€€Grade III, IV: Supplementary service

High school Dropout or less

ใ€€Grade I: Active duty

ใ€€Grade II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Dropout Active duty Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1985

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated Active duty Supplementary service

Middle school Dropout or less 2nd Citizen service

1986

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated Active duty Supplementary service

Middle school Dropout or less 2nd Citizen service

1987

High school Graduated or more

ใ€€Grade I, II: Active duty

ใ€€Grade III, IV: Supplementary service

High school Dropout or less

ใ€€Grade I: Active duty

ใ€€Grade II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Active duty Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1988 to 1991

1988: Skipped Conscription Examination of Elementary school Graduated or less

1989: Those aged 25 or older among those graduating from High school will be converted to Supplementary service.

June 1, 1991: High school graduates who are 162 centimeters or less, high school graduates and those who are above university students, and who are Grade II (and III, IV) due to myopia of ophthalmology, will be converted to Supplementary service. (A person who was Conscription examined from 1990)

November 15, 1991: Those who graduated from high school and a Physical grade II will be converted to Supplementary service. (A person who was Conscription examined from 1991)

January 1, 1992: Middle school Dropout or less is Supplementary service. (Exemption from Call of Bangwi)

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1992

Middle school Graduated or more, Physical grade I, II, III, IV: Active duty. But, on October 30 of the same year, it was changed as follows:

High school Graduated or more, Physical grade III, IV: converted to Supplementary service

High school Dropout or less, Physical grade I, II, III, IV: converted to Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1993

High school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

High school Dropout and Middle school Graduated with Grade I, II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1994

High school Graduated or more with Grade I, II, III, IV: Active duty

High school Dropout

Grade I: Active duty

Grade II, III, IV: Supplementary service

Middle school Graduated with Grade I, II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Active duty Supplementary service

Middle school Graduated Supplementary service

Middle school Dropout or less 2nd Citizen service

1995 to 1996

High school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Those who graduated from middle school and a Physical grade I, II, III, IV will be converted to Supplementary service from 1996

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1997

High school Dropout or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Middle school Graduated

Grade I, II, III, IV: Supplementary service

High school Dropout with Physical grade III: converted to Supplementary service from June 2, 1997

High school Dropout with Physical grade II: converted to Supplementary service from January 1, 1998

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated Supplementary service

Middle school Dropout or less 2nd Citizen service

1998 to 2003

High school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Middle school Graduated, High school Dropout

Grade I, II, III, IV: Supplementary service

1999 to 2011

Skipped Conscription Examination with Transferred the 2nd Citizen service of Middle school Dropout or less in 1999 to 2011

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

2004

Middle school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

2005

College attending or more with Grade I, II, III, IV: Active duty

Middle school Graduated and High school Dropout

Grade I, II, III: Active duty

Grade IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

2006 to 2011

Middle school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

2012 to 1st half of 2015

Middle school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Middle school Dropout or less with Physical Grade I, II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less Supplementary service

External links

(in Korean) Public Notice of Draft examination in 2014(Military Manpower Administration Public Notice No. 2014-2)

2nd half of 2015 to 2020

High school Graduated or more

Grade I, II and III: Active duty

Grade IV: Supplementary service

High school Dropout of less with Physical grade I, II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service Wartime Labor Service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout or less Supplementary service

External links

(Korean) Public Notice of Draft examination in 2016(Military Manpower Administration Public Notice No. 2016-3)

(Korean) Public Notice of Draft examination in 2017(Military Manpower Administration Public Notice No. 2017-1)

(Korean) Public Notice of Draft examination in 2018(Military Manpower Administration Public Notice No. 2018-1)

(Korean) Public Notice of Draft examination in 2019(Military Manpower Administration Public Notice No. 2019-1)

(Korean) Public Notice of Draft examination in 2020(Military Manpower Administration Public Notice No. 2020-1)

Service types and length

Grade 1, 2, 3 and 4: those are suitable for military service (ํ˜„์—ญ)

The length of compulsory military service in South Korea varies based on military branch.[26][unreliable source?] Active duty soldiers serve 1 year 6 months in the Army or Marine Corps, 1 year 8 months in the Navy, or 1 year 9 months in the Air Force.[27] After conscripts finish their military service, they are automatically placed on the reserve roster and are obligated to attend 3 days of annual military training for 6 years[citation needed] (5 years from 2021).

Non-active duty personnel, or "supplemental service" personnel serve for various lengths: 1 year 9 months for social work personnel (better known as public service workers - personnel ordered to do public service work at places that require auxiliary workers such as local community centers like city halls, government agencies, and public facilities like subway stations);[28] 2 years 10 months for arts and sports personnel or industrial technical personnel; and 3 years for public health doctors, lawyers, veterinarians, or expert researchers.[29]

In 2010, there was growing public pressure to either shorten the length of conscription or to switch to voluntary military service, and calls from experts for a gradual phasing out of conscription rather than complete abolition.[30] However, in December 2010, after taking into consideration of the 2010 ROKS Cheonan sinking and Bombardment of Yeonpyeong incidents, the South Korean government said it would not reduce service periods.[31]

Grade 4: those are unsuitable for military service

Art and sports personnel

Artists and players who have won government accredited competitions are allowed to work as 'Art and Sports Personnel'. After a month of military training, Art and Sports Service agents work through their specialties to finish their military services; e.g. in professional sports teams, art galleries, museums or orchestra bands. Unlike other service agents who are working at factories, farms, universities, institutes or nursing homes, Art and Sports Service agents are allowed to work abroad.[citation needed]

Former president Park Chung Hee introduced exemptions for athletes in 1973 to win more medals for the country; some historians believe this also served as a distraction against the government's unpopularity.[32] After winning a gold medal at the 1976 Summer Olympics, wrestler Yang Jung-mo was granted the first exemption. In the 1980s, president Chun Doo-hwan promised exemptions to any athlete who won a medal of any kind at either the 1986 Asian Games or the 1988 Summer Olympics.[32]

When South Korea co-hosted the FIFA World Cup in 2002, their national football team was guaranteed an exemption if they reached the round of 16; the same promise was made to the national baseball team in 2006 if they reached the semifinals of the World Baseball Classic. Public outrage ensued, and similar exemptions have been rarely granted since.[32]

Current conscription regulations stipulate that athletes who win medals in the Olympic Games or gold medals in the Asian Games are granted exemptions from military service and are placed in Grade 4.[33] They are required to do four weeks of basic military training and engage in sports field for 42 months. After that, they are automatically placed on the reserve roster, and are obligated to attend a few days of annual military training for six years. In practice, after athletes finish their four weeks of basic military training, they are able to continue their own sports career during the 34 months of duty.[34]

The policy has resulted in coaches being accused of selecting players desperate to avoid military service instead of choosing the best athletes. Parents encourage their children to pursue sports in hopes of them receiving an exemption.[32]

Notable athletes who have been granted exemptions from military service are the bronze medal-winning men's football team at the 2012 Summer Olympics,[35][36] 2008 Olympic gold medalist badminton player Lee Yong-dae,[37] swimmer Park Tae-hwan,[38][39] 2014 Asian Games gold medalist tennis player Chung Hyeon,[40] 2018 Asian Games gold medalist footballer Son Heung-min, and 2018 Asian Games gold medalist baseball player Lee Jung-hoo.

Esports players were not exempt from conscription until 2023, when esports became a regular event at the 2022 Asian Games.[41][failed verification] Because esports had become a medal event in these games, it became possible for players to be exempt from conscription, so long as they won a gold medal in the games. The gold medal-winning roster of the country's national esports team became the first players to be granted the exemption.[42]

A total of 220 exemptions were granted from 2008 to 2018.[32]

Exemptions are also granted to classical musicians and ballet performers who win first place in stipulated international-level competitions. A two-year extension for notable K-pop artists (from a law that was passed in December 2020) could also be given by government for their career, the age for joining military is 30 (which previously was 28). Some resources and media outlets claim that the primary reason for this amendment was singer-songwriter Jin, who, at the time, was about to turn 28.[43][44] As his group BTS has had a huge impact (especially in the music industry) worldwide and contributed greatly to the spread of Korean culture and the Hallyu Wave, exemptions for them were in talks for a few years.[45][46] Despite this, BTS' record label, Big Hit Music, announced on October 17, 2022, that Jin withdrew his enlistment deferral request and will be the first in the group to enter into mandatory military service, with other members of BTS to be enlisted on a later date.[47]

Conscientious objection

The right to conscientious objection was not recognized in South Korea until recently. Over 400 men were typically imprisoned at any given time for refusing military service for political or religious reasons in the years before right to conscientious objection was established.[48]

On 28 June 2018, the South Korean Constitutional Court ruled the Military Service Act unconstitutional and ordered the government to accommodate civilian forms of military service for conscientious objectors.[49] Later that year on 1 November 2018, the South Korean Supreme Court legalized conscientious objection as a basis for rejecting compulsory military service.[50]

Salary and benefits

Salary per month in 2017[51]

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ163,000

โ‚ฉ176,400

โ‚ฉ195,500

โ‚ฉ216,000

Salary per month in 2018

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ306,100

โ‚ฉ331,300

โ‚ฉ366,200

โ‚ฉ405,700

Salary per month in 2019

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ306,100

โ‚ฉ331,300

โ‚ฉ366,200

โ‚ฉ405,700

Salary per month in 2020

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ408,100

โ‚ฉ441,700

โ‚ฉ488,200

โ‚ฉ540,900

Salary per month in 2021

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ459,100

โ‚ฉ496,900

โ‚ฉ549,200

โ‚ฉ608,500

Salary per month in 2022

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ510,100

โ‚ฉ552,100

โ‚ฉ610,200

โ‚ฉ676,100

Salary per month in 2023

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ600,000

โ‚ฉ680,000

โ‚ฉ800,000

โ‚ฉ1,000,000

Equipment

The Ministry of National Defense has revealed that it failed to provide sneakers to 7,411 recruits who joined the military from 22 May to 4 June 2012, after the budget was insufficient for need. The Defense ministry originally projected the cost of each pair of sneakers to be 11,000 KRW. However, the actual cost turned out to be 15,000 KRW.[52]

The office of National Assembly member Kim Kwang-jin of Democratic United Party revealed that cadets in Korea Military Academy were provided with sneakers worth 60,000 KRW and tennis shoes. Cadets in Korea Army Academy at Yeongcheon were provided with sneakers worth 64,250 KRW, in addition to running shoes and soccer shoes.[53]

Dual citizens

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[54] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[55] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[56]

Racial minorities

In 2011, the government dropped race-based requirements for mix-raced Korean nationals conscripted into the armed forces.[57] However, there currently is no law allowing non-ethnic Korean citizens conscription into the armed forces. All naturalized citizens and citizens not of partial Korean ethnicity have a choice of whether to enlist or not.

Controversies

Violation of Forced Labour Convention

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[58] However, ILO defines conscription of non-military purpose as forced labour.[59]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. A majority (+90%) of the "Reserve - class 4 -" group work as "social service agents" (์‚ฌํšŒ๋ณต๋ฌด์š”์›), and earn far less than the minimum legal wage at various fields, including government offices, subway stations, tax offices, post offices, and sanitaria.[58]

In April 2021, South Korea ratified the Forced Labour Convention, but conscription remained in place. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4" now have the right to decide their methods of conscription between soldiers with active duty and "social service agents".[58] However, ILO continues to argue that enforcing "reserve - class 4-" to work as a "social service agent" is a violation of the Forced Labour Convention.[58]

Hazing

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

In recent years, the South Korean government has been preparing a policy to lower conscription standards for mental and physical conditions that were previously considered exempt, in light of concerns that the country's low birthrate will lead to fewer conscripts; South Korea had the lowest fertility rate in the world in both 2020 and 2021.[60] Experts have stated that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[61]

Draft evasion

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[62][63] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[64][65] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[66] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. He had already obtained U.S. permanent residency and, in order to evade military service, went to Los Angeles, where he acquired citizenship within two months, subsequently renouncing his Korean nationality. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[67] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[68] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[69] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[70] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[71]

See also

flag South Korea portal

Forced Labour Convention

Supplementary service in South Korea

Social service agent

Conscription in North Korea

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#49248889)



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Date: September 18th, 2023 6:34 PM
Author: metal whorehouse bbw

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Good times. With a good crew.

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#46813601)



Reply Favorite

Date: November 30th, 2023 2:36 AM
Author: metal whorehouse bbw



(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#47115745)



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Date: September 9th, 2025 9:04 PM
Author: sick love of her life

Conscription in South Korea

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First conscription examination, conducted on 16 December 1949 after liberation from Japan's colonial rule

Conscription

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1780 caricature of a press gang

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Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male citizen of the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

Enlistment and impairment-disability evaluation

By law, when a South Korean man turns 18 years old, he is enlisted for "first citizen service," meaning he is liable for military duty, but is not yet required to serve.[10][11] When he turns 19 years old (or, in some instances, 20 years old), he is required to undergo an Impairment & Disability evaluation to determine whether he is suitable for military service. The table below shows the evaluation's possible grades and their outcomes, according to the Military Service Act.[12] Men must enlist by the time they turn 28.[13]

Grade Description Outcome

1, 2, 3 "Those whose physical and psychological constitution is healthy enough to perform actively in army." "To be enlisted for active duty service, supplemental service or the second citizen service, based on their qualifications, such as educational background and age."

4 "Those whose physical and psychological constitution is not so healthy for active training but capable of doing supplemental service for civilians as replacements

(This is a common grade for people with minor disabilities)."

"To be enlisted for supplemental service or the second citizen service, based on their qualifications, such as educational background and age."

5 "Those incapable of entering active or supplemental service, but capable of entering the second citizen service

(This is a common grade for people with disabilities)."

"To be enlisted for the second citizen service."

6 "Those incapable of performing military service due to any disease or mental or physical incompetence

(This is a common grade for people with severe disabilities)."

"To be exempted from military service."

7 "Those unable to be graded...due to any disease or mental or physical incompetence." "To undergo a follow-up physical examination" within two years.

Term of South Korea military service

Areas Notation of military service relevant regulation Commonly used terms Meaning

English Korean English Korean

Conscription examination Draft Physical Examination ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ

์ง•๋ณ‘๊ฒ€์‚ฌ

์ง•๋ณ‘์‹ ์ฒด๊ฒ€์‚ฌ Conscription Examination

Military Service Judgment Examination

Physical Examination(PE) ์ง•๋ณ‘๊ฒ€์‚ฌ

๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ

์‹ ์ฒด๊ฒ€์‚ฌ(์‹ ๊ฒ€)

Physical Grade ์‹ ์ฒด๋“ฑ๊ธ‰

์‹ ์ฒด๋“ฑ์œ„ Physical Grade ์‹ ์ฒด๋“ฑ๊ธ‰

Grade I

Grade II

Grade III

Grade IV

Grade V

Grade VI

Grade VII 1๊ธ‰

2๊ธ‰

3๊ธ‰

4๊ธ‰

5๊ธ‰

6๊ธ‰

7๊ธ‰ Grade 1

Grade 2

Grade 3

Grade 4

Grade 5

Grade 6

Grade 7 1๊ธ‰

2๊ธ‰

3๊ธ‰

4๊ธ‰

5๊ธ‰

6๊ธ‰

7๊ธ‰

— ๊ฐ‘์ข…

์ œ1์„์ข…

์ œ2์„์ข…

์ œ3์„์ข…

๋ณ‘์ข…

์ •์ข…

๋ฌด์ข… Grade A

Grade B-1

Grade B-2

Grade B-3

Grade C

Grade D

Grade E ๊ฐ‘์ข…

1์„์ข…

2์„์ข…

3์„์ข…

๋ณ‘์ข…

์ •์ข…

๋ฌด์ข… Physical grades names from Before 1984

- Disposition for military service

- Type of service Preliminary Military Service

First militia Service

First Citizen Service ๋ณ‘์—ญ์ค€๋น„์—ญ

์ œ1๊ตญ๋ฏผ์—ญ Preliminary Military Service

1st Citizen Service ๋ณ‘์—ญ์ค€๋น„์—ญ

์ œ1๊ตญ๋ฏผ์—ญ

Active Service ํ˜„์—ญ Active ํ˜„์—ญ

Reserve Service ์˜ˆ๋น„์—ญ Reserve Service ์˜ˆ๋น„์—ญ

Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ

Supplementary Service

Supplemental Service

Recruit Service ๋ณด์ถฉ์—ญ Supplementary Service ๋ณด์ถฉ์—ญ

Wartime labor service

Second militia Service

Second Citizen Service ์ „์‹œ๊ทผ๋กœ์—ญ

์ œ2๊ตญ๋ฏผ์—ญ Exemption from Military Service in Ordinary time

Exemption from Ordinary time ํ‰์‹œ๋ณ‘์—ญ๋ฉด์ œ

ํ‰์‹œ๋ฉด์ œ

Exemption from Military service ๋ณ‘์—ญ๋ฉด์ œ Exemption from All Military Service

All exemption ๋ณ‘์—ญ์™„์ „๋ฉด์ œ

์™„์ „๋ฉด์ œ

Removal from Military Register ๋ณ‘์—ญ์ œ์  Exemption from All Military Service by Criminal record

All exemption from Criminal record ์ „๊ณผ์— ์˜ํ•œ ๋ณ‘์—ญ์™„์ „๋ฉด์ œ

์ „๊ณผ์— ์˜ํ•œ ์™„์ „๋ฉด์ œ

์ „๊ณผ๋กœ ๋ณ‘์—ญ์™„์ „๋ฉด์ œ

์ „๊ณผ๋กœ ์™„์ „๋ฉด์ œ In the case of being sentenced to more than 6 years in prison under the ROK Military service act, it was Removal from Military service registration.[14]

Disposition for subject to active duty, service, etc. Enlisted in Active Service ํ˜„์—ญ์ž…์˜๋Œ€์ƒ Active duty

Subject to Enlist

Subject to Conscription

Subject to Draft ํ˜„์—ญ๋Œ€์ƒ

ํ˜„์—ญ์ž…์˜๋Œ€์ƒ

์ง•๋ณ‘๋Œ€์ƒ

Called for Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ์†Œ์ง‘๋Œ€์ƒ Subject to Called for Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ์†Œ์ง‘๋Œ€์ƒ

Disposition for subject to supplementary service callup, service, etc. Called for Defense ๋ฐฉ์œ„์†Œ์ง‘๋Œ€์ƒ Called for Defense ๋ฐฉ์œ„์†Œ์ง‘๋Œ€์ƒ Defense Call-up(Defense soldier call-up) is classified as a supplementary service from 1969 to 1994. It was in the form of commuting from home to Military unit(or Police station, Police box, Conscription part of Town office).

— ๋ฐฉ์œ„๋ณ‘ Defense Soldier ๋ฐฉ์œ„๋ณ‘

Called for Public Interest Service ๊ณต์ต๊ทผ๋ฌด์š”์›์†Œ์ง‘๋Œ€์ƒ Called for Public Service ๊ณต์ต๋ณต๋ฌด์š”์› ์†Œ์ง‘๋Œ€์ƒ

Called for Social Service ์‚ฌํšŒ๋ณต๋ฌด์š”์›์†Œ์ง‘๋Œ€์ƒ Called for Social Service ์‚ฌํšŒ๋ณต๋ฌด์š”์› ์†Œ์ง‘๋Œ€์ƒ

Public interest service Personnel ๊ณต์ต๊ทผ๋ฌด์š”์› Social Service Personnel ๊ณต์ต๊ทผ๋ฌด์š”์›

Social Service Personnel ์‚ฌํšŒ๋ณต๋ฌด์š”์› Social Service Personnel ์‚ฌํšŒ๋ณต๋ฌด์š”์›

Certificate of Military Registration

Certificate of Military Registration data notation[15][16]

English Korean

Name Hong Gil-dong ํ™ ๊ธธ๋™

Kim Han-guk ๊น€ ํ•œ๊ตญ

Birth date 12 Mar. 1979 790312

28 Mar. 2001 2001. 3.28

Physical grade Grade I, II, III, IV, V, VI, VII 1, 2, 3, 4, 5, 6, 7๊ธ‰

Draft Physical Examination Omitted ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์ƒ๋žต

Disposition for military service Preliminary Military Service ๋ณ‘์—ญ์ค€๋น„์—ญ

Subject to Draft Physical Examination ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ๋Œ€์ƒ

Active Service ํ˜„์—ญ

Enlisted in Active Service ํ˜„์—ญ๋ณ‘์ž…์˜๋Œ€์ƒ

Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ

Called for Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ์†Œ์ง‘๋Œ€์ƒ

Supplementary Service ๋ณด์ถฉ์—ญ

Called for Social Service ์‚ฌํšŒ๋ณต๋ฌด์š”์›์†Œ์ง‘๋Œ€์ƒ

Alternative Service ๋Œ€์ฒด์—ญ

Called for alternative service ๋Œ€์ฒด๋ณต๋ฌด์š”์›์†Œ์ง‘๋Œ€์ƒ

Reserve Service ์˜ˆ๋น„์—ญ

Subject to Follow-up Physical Examination ์žฌ์‹ ์ฒด๊ฒ€์‚ฌ๋Œ€์ƒ

Wartime Labor Service ์ „์‹œ๊ทผ๋กœ์—ญ

Exemption from Military Service ๋ณ‘์—ญ๋ฉด์ œ

Removal from Military Register ๋ณ‘์ ์ œ์ (6๋…„์ด์ƒ์ˆ˜ํ˜•)

Reason of disposition An only son ๋…์ž

Wounded in action or injured in the line of duty ์ „·๊ณต์ƒ

(Family member) wounded in action or injured in the line of duty (๊ฐ€์กฑ)์ „·๊ณต์ƒ

Difficulties in Earning a Livelihood ์ƒ๊ณ„์œ ์ง€๊ณค๋ž€

Not Completing Middle School ์ค‘ํ•™๊ต ์ค‘ํ‡ด์ดํ•˜

Long-term Waiting ์žฅ๊ธฐ๋Œ€๊ธฐ

Emigration ๊ตญ์™ธ์ด์ฃผ(์ด๋ฏผ)

Acquisition of the Permanent Residence Right ์˜์ฃผ๊ถŒ์ทจ๋“

Loss of nationality ๊ตญ์ ์ƒ์‹ค

Thirty-one years of age or older 31์„ธ์ด์ƒ

Thirty-six years of age or older 36์„ธ์ด์ƒ

Remaining in Physical Grade VII for one year or longer 7๊ธ‰1๋…„์ด์ƒ

Remaining in Physical Grade VII for two year or longer 7๊ธ‰2๋…„์ด์ƒ

Naturalization ๊ท€ํ™”

Multiracial child ํ˜ผํ˜ˆ์•„

Serving a sentence ์ˆ˜ํ˜•

Child born out of wedlock ํ˜ผ์ธ์™ธ ์ถœ์ƒ์ž

Excluded from the Public ์ œ์™ธ

Immigrated from the North of the Military Demarcation Line ๊ตฐ์‚ฌ๋ถ„๊ณ„์„  ์ด๋ถ์ง€์—ญ์—์„œ ์ด์ฃผ

Boot camp Army Recruit Training Center ์œก๊ตฐ ํ›ˆ๋ จ์†Œ

OO Replacement Center OO ๋ณด์ถฉ๋Œ€

OO Division OO ์‚ฌ๋‹จ

Draft examination Postponement of Draft Physical Examination (Studying Abroad) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(์œ ํ•™)

Postponement of Draft Physical Examination (Seafarer) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(์„ ์›)

Postponement of Draft Physical Examination (Residing Abroad) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(๊ตญ์™ธ์ด์ฃผ)

Postponement of Draft Physical Examination (Emigration) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(๊ตญ์™ธ๊ฑฐ์ฃผ)

Postponement of Draft Physical Examination (In Prison) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(์žฌ๊ฐ)

Evasion of Draft Physical Examination ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ ๊ธฐํ”ผ

Enlist of active Postponement of Conscription (Student) ์ž…์˜์—ฐ๊ธฐ(์žฌํ•™์ƒ)

Postponement of Conscription (Studying Abroad) ์ž…์˜์—ฐ๊ธฐ(์œ ํ•™)

Postponement of Conscription (Residing Abroad) ์ž…์˜์—ฐ๊ธฐ(๊ตญ์™ธ๊ฑฐ์ฃผ)

Postponement of Conscription (Emigration) ์ž…์˜์—ฐ๊ธฐ(๊ตญ์™ธ์ด์ฃผ)

Postponement of Conscription (Training in Research Institute) ์ž…์˜์—ฐ๊ธฐ(์—ฐ์ˆ˜)

Postponement of Conscription (Outstanding Athlete) ์ž…์˜์—ฐ๊ธฐ(์šฐ์ˆ˜์—ฐ์ˆ˜)

Postponement of Conscription Date ์ž…์˜์ผ์ž ์—ฐ๊ธฐ

Homecoming after Conscription ์ž…์˜ํ›„ ๊ท€๊ฐ€

Subject to Notice of Re-Conscription ์žฌ์ž…์˜ํ†ต์ง€๋Œ€์ƒ

Domestic Reason ๊ฐ€์‚ฌ์‚ฌ์ •

Employed Abroad ๊ตญ์™ธ์ทจ์—…

Residing in an Unreclaimed Area ๋ฏธ์ˆ˜๋ณต์ง€๊ตฌ๊ฑฐ์ฃผ

Application for Military Service ๊ตฐ ์ง€์›

Evasion of Conscription ์ž…์˜๊ธฐํ”ผ

Missing ํ–‰๋ฐฉ๋ถˆ๋ช…

(Medical/Judicial/Religious) Officer/Cadet Officer (์˜๋ฌด/๋ฒ•๋ฌด/๊ตฐ์ข…)์žฅ๊ต/์‚ฌ๊ด€ํ›„๋ณด์ƒ

Basic Branch Officer ๊ธฐ๋ณธ๋ณ‘๊ณผ์žฅ๊ต

Noncommissioned Cadet Officer ๋ถ€์‚ฌ๊ด€ ํ›„๋ณด์ƒ

Enlistment in OO OO ํŽธ์ž…

Removed from OO OO ์ œ์ 

Call of supplementary service, etc. Postponement of Call (Student) ์†Œ์ง‘์—ฐ๊ธฐ(์žฌํ•™์ƒ)

Postponement of Call (Studying Abroad) ์†Œ์ง‘์—ฐ๊ธฐ(์œ ํ•™)

Postponement of Call (Seafarer) ์†Œ์ง‘์—ฐ๊ธฐ(์„ ์›)

Postponement of Call (Residing Abroad) ์†Œ์ง‘์—ฐ๊ธฐ(๊ตญ์™ธ๊ฑฐ์ฃผ)

Postponement of Call (Emigration) ์†Œ์ง‘์—ฐ๊ธฐ(๊ตญ์™ธ์ด์ฃผ)

Postponement of Call (Training in Research Institute) ์†Œ์ง‘์—ฐ๊ธฐ(์—ฐ์ˆ˜)

Postponement of Call (Outstanding Athlete) ์†Œ์ง‘์—ฐ๊ธฐ(์šฐ์ˆ˜์—ฐ์ˆ˜)

Postponement of Call Date ์†Œ์ง‘์ผ์ž์—ฐ๊ธฐ

Exemption from Call ์†Œ์ง‘๋ฉด์ œ

Evasion from Call ์†Œ์ง‘๊ธฐํ”ผ

Enlistment in OO (์‚ฐ์—…์š”์›๋“ฑ)ํŽธ์ž…

Cancellation of Enlistment in OO OO ํŽธ์ž…์ทจ์†Œ

Advance Service ์„ ๋ณต๋ฌด

Social Service Personnel ์‚ฌํšŒ๋ณต๋ฌด์š”์›

International Cooperation Service Personnel ๊ตญ์ œํ˜‘๋ ฅ๋ด‰์‚ฌ์š”์›

Art and Sports Personnel ์˜ˆ์ˆ ์ฒด์œก์š”์›

Expert Research Personnel ์ „๋ฌธ์—ฐ๊ตฌ์š”์›

Industrial Technical Personnel ์‚ฐ์—…๊ธฐ๋Šฅ์š”์›

International Cooperative Doctor ๊ตญ์ œํ˜‘๋ ฅ์˜์‚ฌ

Public-Service Advocate ๊ณต์ต๋ฒ•๋ฌด๊ด€

Public Health Doctor ๊ณต์ค‘๋ณด๊ฑด์˜์‚ฌ

Doctor Exclusively in Charge of Draft Physical Examination ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์ „๋‹ด์˜์‚ฌ

Onboard Ship Reserve Service ์Šน์„ ๊ทผ๋ฌด์˜ˆ๋น„์—ญ

Alternative Service Personnel ๋Œ€์ฒด๋ณต๋ฌด์š”์›

Others Ban on foreign travel (a person who has stayed in the country for one year or longer) ์ถœ๊ตญ๊ธˆ์ง€(1๋…„์ด์ƒ ๊ตญ๋‚ด์ฒด์žฌ)

Removal of the ban on foreign travel (others)

Jehovah's Witnesses ์—ฌํ˜ธ์™€์˜ ์ฆ์ธ

Departure before age 24 24์„ธ์ด์ „์ถœ๊ตญ

Period of Mandatory Service ์˜๋ฌด๋ณต๋ฌด๊ธฐ๊ฐ„

Exclusion from the Military Service ๊ตฐ๋ณต๋ฌด ์ œ์™ธ๊ธฐ๊ฐ„

Short-term overseas travel ๋‹จ๊ธฐ์—ฌํ–‰

Illegal stay in a foreign country ๊ตญ์™ธ๋ถˆ๋ฒ•์ฒด์žฌ

Violation of duty to obtain permission for overseas travel ๊ตญ์™ธ์—ฌํ–‰ํ—ˆ๊ฐ€์˜๋ฌด์œ„๋ฐ˜

Forces Army ์œก๊ตฐ

Navy ํ•ด๊ตฐ

Air Force ๊ณต๊ตฐ

Marine, Subordinate to ROK Navy ํ•ด๋ณ‘๋Œ€

Expiration date Indefinite ๋ฌด๊ธฐํ•œ

6 Months 6์›”

Type of service Reserve Service ์˜ˆ๋น„์—ญ

Recruit Service ๋ณด์ถฉ์—ญ

Exemption from the Service ๋ฉด์—ญ

Retirement from the Service ํ‡ด์—ญ

Removal from Military Register ๋ณ‘์ ์ œ์ 

Discharge Discharge from Military Service ์ „์—ญ

Discharge from Military Service by Application ์›์— ์˜ํ•œ ์ „์—ญ

Forced Discharge from Military Service ์›์— ์˜ํ•˜์ง€ ์•„๋‹ˆํ•œ ์ „์—ญ

Home on Leave from Military Service ๊ท€ํœด์ „์—ญ

Discharge from Military Service as Woman ์—ฌ๊ตฐ์ „์—ญ

Completion of Service ๋ณต๋ฌด๋งŒ๋ฃŒ

Completion of Service(Release from Call) ๋ณต๋ฌด๋งŒ๋ฃŒ(์†Œ์ง‘ํ•ด์ œ)

Completion of Military Service ๋งŒ๊ธฐ

Age Limit ์—ฐ๋ น์ •๋…„

Disease ์˜๋ณ‘

Domestic Reason ๊ฐ€์‚ฌ์‚ฌ์ •(์˜๊ฐ€์‚ฌ)

Difficulties in Maintaining Household ์ƒ๊ณ„๊ณค๋ž€

An only son ๋…์ž

wounded in action or injured in the line of duty ์ „·๊ณต์ƒ

Emigration ๊ตญ์™ธ์ด์ฃผ

Disqualification ์‹ ๋ถ„์ƒ์‹ค

Exclusion to the Public ์ œ์™ธ

Secession from Military Service ๊ตฐ๋ณต๋ฌด์ดํƒˆ(์‚ญ์ œ)

Removal from the Army Register ๊ตฐ ์ œ์ 

Self-Surrender ์ž์ˆ˜์‹ ๊ณ 

National Land Construction Corps ๊ตญํ† ๊ฑด์„ค๋‹จ

Volunteer Soldier as a Student ํ•™๋„์˜์šฉ๊ตฐ

Military Service Act ๋ณ‘์—ญ๋ฒ•

Enforcement Decree of Military Service Act ๋ณ‘์—ญ๋ฒ•์‹œํ–‰๋ น

Detailed Enforcement Regulation of Military Service Act ๋ณ‘์—ญ๋ฒ• ์‹œํ–‰๊ทœ์น™

Combatant police, etc. Combatant Police Officer ์ „ํˆฌ๊ฒฝ์ฐฐ

Auxiliary Police Officer ์˜๋ฌด๊ฒฝ์ฐฐ

Obligatory Fireman ์˜๋ฌด์†Œ๋ฐฉ

Coast Guard ํ•ด์–‘๊ฒฝ์ฐฐ

Correctional Guard ๊ฒฝ๋น„๊ต๋„

Legal Military service age

The age standard is from January 1 to December 31 of the year of age.

โ– : Age group of Mandatory Military service

โ– : Age group of Mandatory Military service in Wartime

Age Mandatory military service Duty of conscription examination and enlist, etc. Type of service Note

17 or younger Military Manpower Administration takes over the Identity registration data of persons (17-year-old male) who are enrollment to Military Service Registration(Assignment the Preliminary Military Service) in the following year from the Ministry of the Interior, and transmits them to the Local Military Manpower Office.

18 Subject for Mandatory Military service of Peacetime No, but voluntary enlistment possible.

- Assignment the Preliminary Military Service.

- Persons with disabilities registered under the Disabled registration system is Wartime Labor Service or Exemption from Military Service.Note 1

1.Age group subject to Civil Defense Corps under the Framework Act on Civil Defense from the age of 20[17]

2.Subject to a return order from the chief of staff of each military if he desertied while serving on the basis of active duty soldiers.

3.Reserve soldiers and Completed their service Supplementary soldiers in the Age group of Exemption from Duty of conscription examination and enlist, etc.(38 to 40 years old, 38 to 45 years old in Wartime) can be assigned to the Reserve Force according to the Reserve Forces Act on a wartime basis.[18]

19 to 35 All Military service obligators are obligated to Conscription examination and Enlist/Call-up(Passed person from Conscription examination. Active duty is Enlist, Supplementary Service is Call-up) 1.According to the results of the Conscription examination.(Military Disposition. Active duty, Supplementary service, Wartime labor service or Exempted from Military service)

2.When the Mandatory service(Active service) period is completed, they are transferred to reserve service.

36 to 37 1.In the peacetime, General Military service obligators are no Conscription examination and Enlist/Call-up

2.In the peacetime, Military Service Act Violators, Oversea stayer, etc. are obligated to Conscription examination. When disposed of as a Supplementary service, there is an Obligation to convene Public service.

3.In the wartime, All Military service obligators are obligated to enlist as conscription examination and active duty.

1.Same as above.

2.Military Service Act Violators, Overseas stayer, etc. are Subject to Supplementary service, Wartime Labor Service or Exempted from Military service according to the results of the Conscription examination.

38 to 40 In any case, No duty of Conscription Examination and Enlist. Same as above.

41 to 45 1.End of Mandatory Military service from Peacetime(Soldier ranks)

2.Extension of Mandatory Military service from Wartime Exemption from Service for Active Soldiers, Reserve Soldiers, Supplementary Soldiers, Wartime Labor Service in PeacetimeNote 2 Reserve soldiers and Completed their service Supplementary soldiers can be assigned to the Reserve Force according to the Reserve Forces Act on a Wartime basis.

46 or older End of Mandatory Military service from Peacetime and Wartime. Exemption from Service for Active, Reserve, Supplementary Soldiers, Wartime Labor Service in Peacetime and WartimeNote 2 Expanded 50 years of age for the Wartime Civil Defense Corps

Note 1: Some disabled person (mild disabled person). If the disability status of a disabled person changes at the age of 19, or if a reason for the return of the disabled registration card occurs, a Conscription Examination shall be performed.

Note 2:

Republic of Korea Armed Forces soldier (Byeong) ranks

English Korean

Army Navy Air Force Marine Corps

Sergeant Petty Officer Second Class Staff Sergeant Sergeant ๋ณ‘์žฅ

Corporal Petty Officer Third Class Senior Airman Corporal ์ƒ๋“ฑ๋ณ‘

Private First Class Seaman Airman First Class Lance Corporal ์ผ๋“ฑ๋ณ‘

Private Second Class Seaman Apprentice Airman Private First Class ์ด๋“ฑ๋ณ‘

Note 3: Retirement of Officers, Warrant officers, and Noncommissioned officers when they reach retirement age of rank from Military Personnel Management Act.[19]

History of military service age

1971 to 1984

Age Mandatory military service Duty of conscription examination and enlist, etc. Type of service

17 or younger — None. —

18 to 19 Subject for Mandatory Military service of Peacetime Assignment the 1st Citizen Service.

20 to 30 All Military service obligators are obligated to Conscription examination and Enlist/Call-up (Passed person from Conscription examination. Active duty is Enlist, Supplementary Service is Call-up) 1.According to the results of the Conscription examination. (Military Disposition. Active duty, Supplementary service, Wartime labor service or Exempted from Military service)

2.Those who are not Active (Serving), Reserve, or Supplementary Service are the 1st Citizen service.

3.When the Mandatory service (Active service) period is completed, they are transferred to Reserve service.

31 to 35 1.In peacetime, All Military Service Obligators (Including those Military Service Act Violators, Oversea stayer, etc.) are no Conscription examination, Enlist, Supplementary Service Call-up (Exemption from Call)Note 1

2.In the wartime, All Military service obligators are obligated to enlist as conscription examination and active duty. 1.Same as above.

2.The 1st Citizen service that has not been Conscription examination and those Subject to Active Enlist (Subject to draft) who have not been notified of Active draft are transferred to Supplementary service.

36 to 40 In any case, No duty of Conscription Examantion and Enlist.

41 to 45 1.End of Mandatory Military service from Peacetime (Soldier ranks)

2.Extension of Mandatory Military service from Wartime Exemption from Service for Active Soldiers, Reserve Soldiers, Supplementary Soldiers, Wartime Labor Service in PeacetimeNote 2

46 or older End of Mandatory Military service from Peacetime and Wartime. Exemption from Service for Active, Reserve, Supplementary Soldiers, 2nd Citizen Service in Peacetime and WartimeNote 2

Note 1: According to Article 7 of the Military Service Act Addenda in 1971, Military Service Act Violators(Conscription examination or Enlist refusers/dodgers) as of the enforcement year(1971) are obligated to Conscription examination and enlist.[20]

Note 2: Retirement of Officers, Warrant officers, and Noncommissioned officers when they reach retirement age of rank.

1984 to 1993

Age Mandatory military service Duty of conscription examination and enlist, etc. Type of service

17 or younger a 17-year-old person (17-year-old male) must report the incorporation of the 1st Citizen service to the Town mayor or Village Chief. No, But Possible the Voluntary enlist.

18 Subject for Mandatory Military service of Peacetime not enlisted from 1st Citizen Service

19 to 30 All Military service obligators are obligated to Conscription examination and Enlist/Call-up (Passed person from Conscription examination. Active duty is Enlist, Supplementary Service is Call-up) 1.According to the results of the Conscription examination. (Military Disposition. Active duty, Supplementary service, Wartime labor service or Exempted from Military service)

2.Those who are not Active (Serving), Reserve, or Supplementary Service are the 1st Citizen service.

3.When the Mandatory service (Active service) period is completed, they are transferred to Reserve service.

31 to 35 1.In the peacetime, All Military Service Obligators (Including those Military Service Act Violators, Oversea stayer, etc.) are no Conscription examination, Enlist, Supplementary Service Call-up (Exemption from Call)

2.In the wartime, All Military service obligators are obligated to enlist as conscription examination and active duty. 1.Same as above.

2.The 1st Citizen service that has not been Conscription examination and those Subject to Active Enlist (Subject to draft) who have not been notified of Active draft are transferred to Supplementary service.

36 to 40 In any case, No duty of Conscription Examantion and Enlist.

41 to 45 1.End of Mandatory Military service from Peacetime (Soldier ranks)

2.Extension of Mandatory Military service from Wartime Exemption from Service for Active Soldiers, Reserve Soldiers, Supplementary Soldiers, Wartime Labor Service in PeacetimeNote

46 or older End of Mandatory Military service from Peacetime and Wartime. Exemption from Service for Active, Reserve, Supplementary Soldiers, 2nd Citizen Service in Peacetime and WartimeNote

Note: Retirement of Officers, Warrant officers, and Noncommissioned officers when they reach retirement age of rank.

1994 to 2010

Age Mandatory military service Duty of conscription examination and enlist, etc. Type of service

17 or younger a 17-year-old person (17-year-old male) must report the incorporation of the 1st Citizen service to the Town mayor or Village Chief. (Before February 5, 1999)

Military Manpower Administration takes over the Identity registration data of persons (17-year-old male) who are enrollment to Military Service Registration (Assignment the Preliminary Military Service) in the following year from the Ministry of the Interior, and transmits them to the Local Military Manpower Office. (After February 5, 1999)

18 Subject for Mandatory Military service of Peacetime No, but voluntary enlistment is possible. Assignment the 1st Citizen Service.

Persons with disabilities registered under the Disabled registration system is Wartime Labor Service or Exemption from Military Service.

19 to 30 All Military service obligators are obligated to Conscription examination and Enlist/Call-up (Passed person from Conscription examination. Active duty is Enlist, Supplementary Service is Call-up) 1.According to the results of the Conscription examination. (Military Disposition. Active duty, Supplementary service, Wartime labor service or Exempted from Military service)

2.When the Mandatory service (Active service) period is completed, they are transferred to reserve service.

31 to 35 1.In the peacetime, General Military service obligators are no Conscription examination and Enlist/Call-up

2.In the peacetime, Military Service Act Violators, Oversea stayer, etc. are obligated to Conscription examination. When disposed of as a Supplementary service, there is an Obligation to convene Public service.

3.In the wartime, All Military service obligators are obligated to enlist as conscription examination and active duty.

1.Same as above.

2.Military Service Act Violators, Overseas stayer, etc. are Subject to Supplementary service, Wartime Labor Service or Exempted from Military service according to the results of the Conscription examination.

38 to 40 In any case, No duty of Conscription Examination and Enlist. Same as above.

41 to 45 1.End of Mandatory Military service from Peacetime (Soldier ranks)

2.Extension of Mandatory Military service from Wartime Exemption from Service for Active Soldiers, Reserve Soldiers, Supplementary Soldiers, Wartime Labor Service in PeacetimeNote

46 or older End of Mandatory Military service from Peacetime and Wartime. Exemption from Service for Active, Reserve, Supplementary Soldiers, Wartime Labor Service in Peacetime and WartimeNote

Note: Retirement of Officers, Warrant officers, and Noncommissioned officers when they reach retirement age of rank.

Determination criteria of physical grades

There are seven physical grades. Grade name is I, II, III, IV, V, VI and VII. Before 1984 grades name is A, B (respectively B-I, B-II, B-III), C, D and E

Before 1984 After 1984

Name Korean Name Korean

Grade A ๊ฐ‘์ข… Grade I 1๊ธ‰

Grade B-I ์ œ1์„์ข… Grade II 2๊ธ‰

Grade B-II ์ œ2์„์ข… Grade III 3๊ธ‰

Grade B-III ์ œ3์„์ข… Grade IV 4๊ธ‰

Grade C ๋ณ‘์ข… Grade V 5๊ธ‰

Grade D ์ •์ข… Grade VI 6๊ธ‰

Grade E ๋ฌด์ข… Grade VII 7๊ธ‰

I, II, III and IV is Accepted, and grades V, VI and VII is Rejected.

The criteria for determining the physical grade shall be in accordance with Attached form 2 and 3 of the "Rules for examination of Conscription Physical Examination, etc.(๋ณ‘์—ญํŒ์ • ์‹ ์ฒด๊ฒ€์‚ฌ ๋“ฑ ๊ฒ€์‚ฌ๊ทœ์น™ [ko])" Attached form 2 sets the criteria for determining height and weight. Attached form 3 is the evaluation criteria for diseases and mental and physical disabilities, which vary from year to year.

In the following criteria, diseases and mental and physical disabilities are described mainly as representative or known.

Physical grades Accepted or Rejected Standards[21] Type of military service[22]

I Accepted Physical and Psychological constitution is healthy, and can serve in active duty or supplementary service.

Active duty, Supplementary service, and Wartime labor service based on Qualifications (Educational background, Age, etc.)

2

3

4

5 Rejected Those incapable of entering active or supplementary service, but capable of entering the wartime labor service Wartime labor service

6 Those incapable of performing military service due to disease or mental or physical disorder Exempted from Military service

7 In the case where grades I, II, III, IV, V, VI cannot be received due to Disease or Mental and Physical disability Subject to Rephysical examination

Physical grade Height (centimeters), weight (BMI) Disease or disabled

I

Height 161๏ฝž203.9 cm๏ผšBMI20.0๏ฝž24.9

A completely healthy person without illness or physical disability

Those in good condition after treatment of acute infectious diseases

II

Height 161๏ฝž203.9 cm๏ผšBMI18.5๏ฝž19.9ใƒปBMI25.0๏ฝž29.9

Allergic rhinitis

III

Height 159๏ฝž160 cm๏ผšBMI16.0๏ฝž34.9

Height 161๏ฝž203.9 cm๏ผšBMI16.0๏ฝž18.4, BMI30.0๏ฝž34.9

Hepatitis B carrier

Conservative treated or Operated PneumothoraxNote 1

Mental disease

Minor, Mild Depression

Minor, Mild Obsessive-compulsive disorder

Several Developmental Disability (ADHD, Learning Disability)

IV

Height 146๏ฝž158 cm

Height 159๏ฝž203.9 cm: Below BMI16.0 and BMI35.0 or Over

Height 204 cm or Over

Case of endoscopic surgery with either Early gastric cancer, Early colorectal cancer, or Carcinoid

Prodrome of Skin malignant tumor(Giant acromegaly condyloma, Bowen disease), Basal cell carcinoma

Mental disease

Borderline intellectual functioning

Mild Autism Spectrum Disorder (High-functioning Autism, Asperger Syndrome, PDD-NOS without Intellectual Disability)

V

Height 140.1๏ฝž145 cm

Mental disease

Schizophrenia

Gender dysphoria

Mild Intellectual Disability

Autism Spectrum Disorder without Intellectual Disability (High-functioning Autism, Asperger Syndrome, PDD-NOS without Intellectual Disability)

VI

Height 140 cm or Below

Malignant tumor (Cancer)

Metastasized skin cancer

Bone cancer

HIV carrier

Hansen's Disease (Leprosy)

Mental disease

Schizophrenia with Personality devastated

Moderate, Severe and Profound Intellectual Disability

Autism Spectrum Disorder with Intellectual Disability (Low-functioning autism, Childhood disintegrative disorder)

VII

Note 1: Surgery due to pneumothorax is Grade V in 1992.

Disposition for military service by educational background and physical grade

According to Article 14 of the Military Service Act, grades I to IV are based on qualifications (education, age, etc.) and are subject to active service, supplementary, wartime workers, Grade V exemptions, Grade VI exemptions, and Grade VII medical examinations. The criteria for disposing of active duty or supplementary officers in grades I to IV are determined by the Military Manpower Administration's announcement (annual announcement of conscription inspection). According to the announcement, the criteria for military service are as follows.

Active duty (ํ˜„์—ญ, Subject to Enlist for Active duty. Subject to Draft)

Mix of active and supplementary

Supplementary service (๋ณด์ถฉ์—ญ)

Wartime labor service (์ „์‹œ๊ทผ๋กœ์—ญ)[23]

Exempted from Military service (๋ณ‘์—ญ๋ฉด์ œ)

Subject to Physical Reexamination (์žฌ๊ฒ€์‚ฌ๋Œ€์ƒ)

Disposition for military service by educational background and physical grade (after 2021)

Educational background Physical grade

I II III IV V VI VII

Regardless Active duty Supplementary service Wartime Labor Service Exempted from Military service Subject to Physical reexamination

History of disposition for military service

1950s to 1969

Before the 1970s, the criteria for disposition of active duty and supplementary military service cannot be confirmed due to lack of data at the time.[24]

in 1950 to 1955

1950: It was the first year in the Republic of Korea that the Conscription was implemented. At that year, due to the limitation of 100,000 troops by the Korean military, the conscription system and Conscription Examination were suspended. However, in June of the same year, when the Korean War broke out, there was an unofficial conscription.

1952: As the Conscription system was Implemented again, Conscription Examination began again.

Educational

background Physical grade

A B-I B-II C D E

Regardless Accepted (Active duty, 1st Supplementary service, 2nd Supplementary service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1956

Educational background Physical grade

A B-I C D E

Regardless Accepted (Active duty, 1st Supplementary military service, 2nd Supplementary military service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1957

The supplementary military service was abolished by the enforcement of the revised Military Service Act from August 1957.[25]

Educational background Physical grade

A B-I B-II C D E

Regardless Accepted

(Active duty, 1st Supplementary military service, 2nd Supplementary military service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1958 to 1960

On February 24, 1958, there were Re-examination measures after canceling the judgment on 45,000 Grade C judges in the 1950 to 1957 Conscription examination.

Educational background Physical grade

A B-I B-II B-III C D E

Regardless Accepted (Active duty) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1961

There was a physical examination of public officials who were judged to be Grade C.

In 1961, there was a physical examination of 128,422 embroidered persons who reported between June 21 and June 30, which was set as the period for reporting embroidery of those who failed to serve in the military.

Educational background Physical grade

A B-I B-II C D E

Regardless Accepted (Active duty) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1962

Those born on or after January 1, 1930, who have been punished for active service under the Military Service Act enacted before October 1, 1962, and who have not joined the army, will be transferred to the 1st supplementary role and will be supplemented. (Except for those who joined the National Land Construction Team(๊ตญํ† ๊ฑด์„ค๋‹จ [ko]) in 1961.)

Educational background Physical grade

A B-I B-II B-III B-IV B-V C D E

Regardless Accepted (Active duty)

(After Oct, 1st 1962, Active duty, 1st Supplementary service, 2nd Supplementary service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1963 to 1969

Among those who were examined for conscription in 1962, those who were judged to be Grade B4 and B5 were transferred to Grade C and converted to 2nd Citizen service.

Educational background Physical grade

A B-I B-II B-III C D E

Regardless Accepted (Active duty, 1st Supplementary service, 2nd Supplementary service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

After 1970s

1970

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout

Elementary school Graduated

Elementary school Dropout or less Active duty Supplementary service

1971

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout Active duty Supplementary service

Elementary school Graduated

Elementary school Dropout or less Active duty Supplementary service

1972

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout

Elementary school Graduated

Elementary school Dropout or less Active duty Supplementary service

1973

Middle school Graduated or more

Grade A, B-I, B-II: Active duty

Grade B-III: Supplementary service

Elementary school Graduated or more, Middle school Dropout or less

Grade A: Active duty

Grade B-I, B-II, B-III: Supplementary service

Elementary school Dropout or less: 2nd Citizen service

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout Active duty Supplementary service

Elementary school Graduated

Elementary school Dropout or less 2nd Citizen service

1974 to 1976

College attending or more

Grade A, B-I, B-II: Active duty

Grade B-III: Supplementary service

Middle school Graduated or more, High school Dropout or less

Grade A, B-I: Active duty

Grade B-II, B-III: Supplementary service

Elementary school Graduated or more, Middle school Dropout or less

Grade A: Active duty

Grade B-I, B-II, B-III: Supplementary service

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Graduated

Middle school Graduated

Middle school Dropout Active duty Supplementary service

Elementary school Graduated

Elementary school Dropout or less 2nd Citizen service

1977 to 1979

College attending or more

Grade A, B-I, B-II, B-III: Active duty

High school Graduated or less

Grade A, B-I: Active duty

Grade B-II, B-III: Supplementary service

Middle school Dropout or less: 2nd Citizen service

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1980 to 1983

College attending or more

ใ€€Grade A, B-I, B-II: Active duty

ใ€€Grade B-III: Supplementary service

High school Graduated or less

ใ€€Grade A: Active duty

ใ€€Grade B-I, II, III: Supplementary service

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1984

In 1984, Change of Physical Grade Name.

Before 1984 After 1984

Name Korean Name Korean

A ๊ฐ‘์ข… I 1๊ธ‰

B-I ์ œ1์„์ข… II 2๊ธ‰

B-II ์ œ2์„์ข… III 3๊ธ‰

B-III ์ œ3์„์ข… IV 4๊ธ‰

C ๋ณ‘์ข… V 5๊ธ‰

D ์ •์ข… VI 6๊ธ‰

E ๋ฌด์ข… VII 7๊ธ‰

College attending or more

ใ€€Grade I, II, III: Active duty

ใ€€Grade IV: Supplementary service

High school Graduated

ใ€€Grade I, II: Active duty

ใ€€Grade III, IV: Supplementary service

High school Dropout or less

ใ€€Grade I: Active duty

ใ€€Grade II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Dropout Active duty Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1985

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated Active duty Supplementary service

Middle school Dropout or less 2nd Citizen service

1986

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated Active duty Supplementary service

Middle school Dropout or less 2nd Citizen service

1987

High school Graduated or more

ใ€€Grade I, II: Active duty

ใ€€Grade III, IV: Supplementary service

High school Dropout or less

ใ€€Grade I: Active duty

ใ€€Grade II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Active duty Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1988 to 1991

1988: Skipped Conscription Examination of Elementary school Graduated or less

1989: Those aged 25 or older among those graduating from High school will be converted to Supplementary service.

June 1, 1991: High school graduates who are 162 centimeters or less, high school graduates and those who are above university students, and who are Grade II (and III, IV) due to myopia of ophthalmology, will be converted to Supplementary service. (A person who was Conscription examined from 1990)

November 15, 1991: Those who graduated from high school and a Physical grade II will be converted to Supplementary service. (A person who was Conscription examined from 1991)

January 1, 1992: Middle school Dropout or less is Supplementary service. (Exemption from Call of Bangwi)

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1992

Middle school Graduated or more, Physical grade I, II, III, IV: Active duty. But, on October 30 of the same year, it was changed as follows:

High school Graduated or more, Physical grade III, IV: converted to Supplementary service

High school Dropout or less, Physical grade I, II, III, IV: converted to Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1993

High school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

High school Dropout and Middle school Graduated with Grade I, II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1994

High school Graduated or more with Grade I, II, III, IV: Active duty

High school Dropout

Grade I: Active duty

Grade II, III, IV: Supplementary service

Middle school Graduated with Grade I, II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Active duty Supplementary service

Middle school Graduated Supplementary service

Middle school Dropout or less 2nd Citizen service

1995 to 1996

High school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Those who graduated from middle school and a Physical grade I, II, III, IV will be converted to Supplementary service from 1996

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1997

High school Dropout or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Middle school Graduated

Grade I, II, III, IV: Supplementary service

High school Dropout with Physical grade III: converted to Supplementary service from June 2, 1997

High school Dropout with Physical grade II: converted to Supplementary service from January 1, 1998

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated Supplementary service

Middle school Dropout or less 2nd Citizen service

1998 to 2003

High school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Middle school Graduated, High school Dropout

Grade I, II, III, IV: Supplementary service

1999 to 2011

Skipped Conscription Examination with Transferred the 2nd Citizen service of Middle school Dropout or less in 1999 to 2011

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

2004

Middle school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

2005

College attending or more with Grade I, II, III, IV: Active duty

Middle school Graduated and High school Dropout

Grade I, II, III: Active duty

Grade IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

2006 to 2011

Middle school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

2012 to 1st half of 2015

Middle school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Middle school Dropout or less with Physical Grade I, II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less Supplementary service

External links

(in Korean) Public Notice of Draft examination in 2014(Military Manpower Administration Public Notice No. 2014-2)

2nd half of 2015 to 2020

High school Graduated or more

Grade I, II and III: Active duty

Grade IV: Supplementary service

High school Dropout of less with Physical grade I, II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service Wartime Labor Service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout or less Supplementary service

External links

(Korean) Public Notice of Draft examination in 2016(Military Manpower Administration Public Notice No. 2016-3)

(Korean) Public Notice of Draft examination in 2017(Military Manpower Administration Public Notice No. 2017-1)

(Korean) Public Notice of Draft examination in 2018(Military Manpower Administration Public Notice No. 2018-1)

(Korean) Public Notice of Draft examination in 2019(Military Manpower Administration Public Notice No. 2019-1)

(Korean) Public Notice of Draft examination in 2020(Military Manpower Administration Public Notice No. 2020-1)

Service types and length

Grade 1, 2, 3 and 4: those are suitable for military service (ํ˜„์—ญ)

The length of compulsory military service in South Korea varies based on military branch.[26][unreliable source?] Active duty soldiers serve 1 year 6 months in the Army or Marine Corps, 1 year 8 months in the Navy, or 1 year 9 months in the Air Force.[27] After conscripts finish their military service, they are automatically placed on the reserve roster and are obligated to attend 3 days of annual military training for 6 years[citation needed] (5 years from 2021).

Non-active duty personnel, or "supplemental service" personnel serve for various lengths: 1 year 9 months for social work personnel (better known as public service workers - personnel ordered to do public service work at places that require auxiliary workers such as local community centers like city halls, government agencies, and public facilities like subway stations);[28] 2 years 10 months for arts and sports personnel or industrial technical personnel; and 3 years for public health doctors, lawyers, veterinarians, or expert researchers.[29]

In 2010, there was growing public pressure to either shorten the length of conscription or to switch to voluntary military service, and calls from experts for a gradual phasing out of conscription rather than complete abolition.[30] However, in December 2010, after taking into consideration of the 2010 ROKS Cheonan sinking and Bombardment of Yeonpyeong incidents, the South Korean government said it would not reduce service periods.[31]

Grade 4: those are unsuitable for military service

Art and sports personnel

Artists and players who have won government accredited competitions are allowed to work as 'Art and Sports Personnel'. After a month of military training, Art and Sports Service agents work through their specialties to finish their military services; e.g. in professional sports teams, art galleries, museums or orchestra bands. Unlike other service agents who are working at factories, farms, universities, institutes or nursing homes, Art and Sports Service agents are allowed to work abroad.[citation needed]

Former president Park Chung Hee introduced exemptions for athletes in 1973 to win more medals for the country; some historians believe this also served as a distraction against the government's unpopularity.[32] After winning a gold medal at the 1976 Summer Olympics, wrestler Yang Jung-mo was granted the first exemption. In the 1980s, president Chun Doo-hwan promised exemptions to any athlete who won a medal of any kind at either the 1986 Asian Games or the 1988 Summer Olympics.[32]

When South Korea co-hosted the FIFA World Cup in 2002, their national football team was guaranteed an exemption if they reached the round of 16; the same promise was made to the national baseball team in 2006 if they reached the semifinals of the World Baseball Classic. Public outrage ensued, and similar exemptions have been rarely granted since.[32]

Current conscription regulations stipulate that athletes who win medals in the Olympic Games or gold medals in the Asian Games are granted exemptions from military service and are placed in Grade 4.[33] They are required to do four weeks of basic military training and engage in sports field for 42 months. After that, they are automatically placed on the reserve roster, and are obligated to attend a few days of annual military training for six years. In practice, after athletes finish their four weeks of basic military training, they are able to continue their own sports career during the 34 months of duty.[34]

The policy has resulted in coaches being accused of selecting players desperate to avoid military service instead of choosing the best athletes. Parents encourage their children to pursue sports in hopes of them receiving an exemption.[32]

Notable athletes who have been granted exemptions from military service are the bronze medal-winning men's football team at the 2012 Summer Olympics,[35][36] 2008 Olympic gold medalist badminton player Lee Yong-dae,[37] swimmer Park Tae-hwan,[38][39] 2014 Asian Games gold medalist tennis player Chung Hyeon,[40] 2018 Asian Games gold medalist footballer Son Heung-min, and 2018 Asian Games gold medalist baseball player Lee Jung-hoo.

Esports players were not exempt from conscription until 2023, when esports became a regular event at the 2022 Asian Games.[41][failed verification] Because esports had become a medal event in these games, it became possible for players to be exempt from conscription, so long as they won a gold medal in the games. The gold medal-winning roster of the country's national esports team became the first players to be granted the exemption.[42]

A total of 220 exemptions were granted from 2008 to 2018.[32]

Exemptions are also granted to classical musicians and ballet performers who win first place in stipulated international-level competitions. A two-year extension for notable K-pop artists (from a law that was passed in December 2020) could also be given by government for their career, the age for joining military is 30 (which previously was 28). Some resources and media outlets claim that the primary reason for this amendment was singer-songwriter Jin, who, at the time, was about to turn 28.[43][44] As his group BTS has had a huge impact (especially in the music industry) worldwide and contributed greatly to the spread of Korean culture and the Hallyu Wave, exemptions for them were in talks for a few years.[45][46] Despite this, BTS' record label, Big Hit Music, announced on October 17, 2022, that Jin withdrew his enlistment deferral request and will be the first in the group to enter into mandatory military service, with other members of BTS to be enlisted on a later date.[47]

Conscientious objection

The right to conscientious objection was not recognized in South Korea until recently. Over 400 men were typically imprisoned at any given time for refusing military service for political or religious reasons in the years before right to conscientious objection was established.[48]

On 28 June 2018, the South Korean Constitutional Court ruled the Military Service Act unconstitutional and ordered the government to accommodate civilian forms of military service for conscientious objectors.[49] Later that year on 1 November 2018, the South Korean Supreme Court legalized conscientious objection as a basis for rejecting compulsory military service.[50]

Salary and benefits

Salary per month in 2017[51]

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ163,000

โ‚ฉ176,400

โ‚ฉ195,500

โ‚ฉ216,000

Salary per month in 2018

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ306,100

โ‚ฉ331,300

โ‚ฉ366,200

โ‚ฉ405,700

Salary per month in 2019

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ306,100

โ‚ฉ331,300

โ‚ฉ366,200

โ‚ฉ405,700

Salary per month in 2020

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ408,100

โ‚ฉ441,700

โ‚ฉ488,200

โ‚ฉ540,900

Salary per month in 2021

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ459,100

โ‚ฉ496,900

โ‚ฉ549,200

โ‚ฉ608,500

Salary per month in 2022

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ510,100

โ‚ฉ552,100

โ‚ฉ610,200

โ‚ฉ676,100

Salary per month in 2023

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ600,000

โ‚ฉ680,000

โ‚ฉ800,000

โ‚ฉ1,000,000

Equipment

The Ministry of National Defense has revealed that it failed to provide sneakers to 7,411 recruits who joined the military from 22 May to 4 June 2012, after the budget was insufficient for need. The Defense ministry originally projected the cost of each pair of sneakers to be 11,000 KRW. However, the actual cost turned out to be 15,000 KRW.[52]

The office of National Assembly member Kim Kwang-jin of Democratic United Party revealed that cadets in Korea Military Academy were provided with sneakers worth 60,000 KRW and tennis shoes. Cadets in Korea Army Academy at Yeongcheon were provided with sneakers worth 64,250 KRW, in addition to running shoes and soccer shoes.[53]

Dual citizens

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[54] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[55] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[56]

Racial minorities

In 2011, the government dropped race-based requirements for mix-raced Korean nationals conscripted into the armed forces.[57] However, there currently is no law allowing non-ethnic Korean citizens conscription into the armed forces. All naturalized citizens and citizens not of partial Korean ethnicity have a choice of whether to enlist or not.

Controversies

Violation of Forced Labour Convention

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[58] However, ILO defines conscription of non-military purpose as forced labour.[59]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. A majority (+90%) of the "Reserve - class 4 -" group work as "social service agents" (์‚ฌํšŒ๋ณต๋ฌด์š”์›), and earn far less than the minimum legal wage at various fields, including government offices, subway stations, tax offices, post offices, and sanitaria.[58]

In April 2021, South Korea ratified the Forced Labour Convention, but conscription remained in place. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4" now have the right to decide their methods of conscription between soldiers with active duty and "social service agents".[58] However, ILO continues to argue that enforcing "reserve - class 4-" to work as a "social service agent" is a violation of the Forced Labour Convention.[58]

Hazing

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

In recent years, the South Korean government has been preparing a policy to lower conscription standards for mental and physical conditions that were previously considered exempt, in light of concerns that the country's low birthrate will lead to fewer conscripts; South Korea had the lowest fertility rate in the world in both 2020 and 2021.[60] Experts have stated that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[61]

Draft evasion

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[62][63] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[64][65] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[66] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. He had already obtained U.S. permanent residency and, in order to evade military service, went to Los Angeles, where he acquired citizenship within two months, subsequently renouncing his Korean nationality. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[67] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[68] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[69] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[70] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[71]

See also

flag South Korea portal

Forced Labour Convention

Supplementary service in South Korea

Social service agent

Conscription in North Korea

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Conscription in South Korea

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First conscription examination, conducted on 16 December 1949 after liberation from Japan's colonial rule

Conscription

1780 caricature of a press gang

1780 caricature of a press gang

Related concepts

Alternative civilian serviceCivil conscriptionConscientious objectorConscription crisisCounter-recruitmentDraft-card burningDraft evasionEconomicFor autistic peopleImpressmentLevée en masseMale expendabilityMilitary serviceNational serviceOf people with disabilitiesPenal military unitSexismWar resister

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vte

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male citizen of the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

Enlistment and impairment-disability evaluation

By law, when a South Korean man turns 18 years old, he is enlisted for "first citizen service," meaning he is liable for military duty, but is not yet required to serve.[10][11] When he turns 19 years old (or, in some instances, 20 years old), he is required to undergo an Impairment & Disability evaluation to determine whether he is suitable for military service. The table below shows the evaluation's possible grades and their outcomes, according to the Military Service Act.[12] Men must enlist by the time they turn 28.[13]

Grade Description Outcome

1, 2, 3 "Those whose physical and psychological constitution is healthy enough to perform actively in army." "To be enlisted for active duty service, supplemental service or the second citizen service, based on their qualifications, such as educational background and age."

4 "Those whose physical and psychological constitution is not so healthy for active training but capable of doing supplemental service for civilians as replacements

(This is a common grade for people with minor disabilities)."

"To be enlisted for supplemental service or the second citizen service, based on their qualifications, such as educational background and age."

5 "Those incapable of entering active or supplemental service, but capable of entering the second citizen service

(This is a common grade for people with disabilities)."

"To be enlisted for the second citizen service."

6 "Those incapable of performing military service due to any disease or mental or physical incompetence

(This is a common grade for people with severe disabilities)."

"To be exempted from military service."

7 "Those unable to be graded...due to any disease or mental or physical incompetence." "To undergo a follow-up physical examination" within two years.

Term of South Korea military service

Areas Notation of military service relevant regulation Commonly used terms Meaning

English Korean English Korean

Conscription examination Draft Physical Examination ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ

์ง•๋ณ‘๊ฒ€์‚ฌ

์ง•๋ณ‘์‹ ์ฒด๊ฒ€์‚ฌ Conscription Examination

Military Service Judgment Examination

Physical Examination(PE) ์ง•๋ณ‘๊ฒ€์‚ฌ

๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ

์‹ ์ฒด๊ฒ€์‚ฌ(์‹ ๊ฒ€)

Physical Grade ์‹ ์ฒด๋“ฑ๊ธ‰

์‹ ์ฒด๋“ฑ์œ„ Physical Grade ์‹ ์ฒด๋“ฑ๊ธ‰

Grade I

Grade II

Grade III

Grade IV

Grade V

Grade VI

Grade VII 1๊ธ‰

2๊ธ‰

3๊ธ‰

4๊ธ‰

5๊ธ‰

6๊ธ‰

7๊ธ‰ Grade 1

Grade 2

Grade 3

Grade 4

Grade 5

Grade 6

Grade 7 1๊ธ‰

2๊ธ‰

3๊ธ‰

4๊ธ‰

5๊ธ‰

6๊ธ‰

7๊ธ‰

— ๊ฐ‘์ข…

์ œ1์„์ข…

์ œ2์„์ข…

์ œ3์„์ข…

๋ณ‘์ข…

์ •์ข…

๋ฌด์ข… Grade A

Grade B-1

Grade B-2

Grade B-3

Grade C

Grade D

Grade E ๊ฐ‘์ข…

1์„์ข…

2์„์ข…

3์„์ข…

๋ณ‘์ข…

์ •์ข…

๋ฌด์ข… Physical grades names from Before 1984

- Disposition for military service

- Type of service Preliminary Military Service

First militia Service

First Citizen Service ๋ณ‘์—ญ์ค€๋น„์—ญ

์ œ1๊ตญ๋ฏผ์—ญ Preliminary Military Service

1st Citizen Service ๋ณ‘์—ญ์ค€๋น„์—ญ

์ œ1๊ตญ๋ฏผ์—ญ

Active Service ํ˜„์—ญ Active ํ˜„์—ญ

Reserve Service ์˜ˆ๋น„์—ญ Reserve Service ์˜ˆ๋น„์—ญ

Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ

Supplementary Service

Supplemental Service

Recruit Service ๋ณด์ถฉ์—ญ Supplementary Service ๋ณด์ถฉ์—ญ

Wartime labor service

Second militia Service

Second Citizen Service ์ „์‹œ๊ทผ๋กœ์—ญ

์ œ2๊ตญ๋ฏผ์—ญ Exemption from Military Service in Ordinary time

Exemption from Ordinary time ํ‰์‹œ๋ณ‘์—ญ๋ฉด์ œ

ํ‰์‹œ๋ฉด์ œ

Exemption from Military service ๋ณ‘์—ญ๋ฉด์ œ Exemption from All Military Service

All exemption ๋ณ‘์—ญ์™„์ „๋ฉด์ œ

์™„์ „๋ฉด์ œ

Removal from Military Register ๋ณ‘์—ญ์ œ์  Exemption from All Military Service by Criminal record

All exemption from Criminal record ์ „๊ณผ์— ์˜ํ•œ ๋ณ‘์—ญ์™„์ „๋ฉด์ œ

์ „๊ณผ์— ์˜ํ•œ ์™„์ „๋ฉด์ œ

์ „๊ณผ๋กœ ๋ณ‘์—ญ์™„์ „๋ฉด์ œ

์ „๊ณผ๋กœ ์™„์ „๋ฉด์ œ In the case of being sentenced to more than 6 years in prison under the ROK Military service act, it was Removal from Military service registration.[14]

Disposition for subject to active duty, service, etc. Enlisted in Active Service ํ˜„์—ญ์ž…์˜๋Œ€์ƒ Active duty

Subject to Enlist

Subject to Conscription

Subject to Draft ํ˜„์—ญ๋Œ€์ƒ

ํ˜„์—ญ์ž…์˜๋Œ€์ƒ

์ง•๋ณ‘๋Œ€์ƒ

Called for Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ์†Œ์ง‘๋Œ€์ƒ Subject to Called for Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ์†Œ์ง‘๋Œ€์ƒ

Disposition for subject to supplementary service callup, service, etc. Called for Defense ๋ฐฉ์œ„์†Œ์ง‘๋Œ€์ƒ Called for Defense ๋ฐฉ์œ„์†Œ์ง‘๋Œ€์ƒ Defense Call-up(Defense soldier call-up) is classified as a supplementary service from 1969 to 1994. It was in the form of commuting from home to Military unit(or Police station, Police box, Conscription part of Town office).

— ๋ฐฉ์œ„๋ณ‘ Defense Soldier ๋ฐฉ์œ„๋ณ‘

Called for Public Interest Service ๊ณต์ต๊ทผ๋ฌด์š”์›์†Œ์ง‘๋Œ€์ƒ Called for Public Service ๊ณต์ต๋ณต๋ฌด์š”์› ์†Œ์ง‘๋Œ€์ƒ

Called for Social Service ์‚ฌํšŒ๋ณต๋ฌด์š”์›์†Œ์ง‘๋Œ€์ƒ Called for Social Service ์‚ฌํšŒ๋ณต๋ฌด์š”์› ์†Œ์ง‘๋Œ€์ƒ

Public interest service Personnel ๊ณต์ต๊ทผ๋ฌด์š”์› Social Service Personnel ๊ณต์ต๊ทผ๋ฌด์š”์›

Social Service Personnel ์‚ฌํšŒ๋ณต๋ฌด์š”์› Social Service Personnel ์‚ฌํšŒ๋ณต๋ฌด์š”์›

Certificate of Military Registration

Certificate of Military Registration data notation[15][16]

English Korean

Name Hong Gil-dong ํ™ ๊ธธ๋™

Kim Han-guk ๊น€ ํ•œ๊ตญ

Birth date 12 Mar. 1979 790312

28 Mar. 2001 2001. 3.28

Physical grade Grade I, II, III, IV, V, VI, VII 1, 2, 3, 4, 5, 6, 7๊ธ‰

Draft Physical Examination Omitted ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์ƒ๋žต

Disposition for military service Preliminary Military Service ๋ณ‘์—ญ์ค€๋น„์—ญ

Subject to Draft Physical Examination ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ๋Œ€์ƒ

Active Service ํ˜„์—ญ

Enlisted in Active Service ํ˜„์—ญ๋ณ‘์ž…์˜๋Œ€์ƒ

Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ

Called for Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ์†Œ์ง‘๋Œ€์ƒ

Supplementary Service ๋ณด์ถฉ์—ญ

Called for Social Service ์‚ฌํšŒ๋ณต๋ฌด์š”์›์†Œ์ง‘๋Œ€์ƒ

Alternative Service ๋Œ€์ฒด์—ญ

Called for alternative service ๋Œ€์ฒด๋ณต๋ฌด์š”์›์†Œ์ง‘๋Œ€์ƒ

Reserve Service ์˜ˆ๋น„์—ญ

Subject to Follow-up Physical Examination ์žฌ์‹ ์ฒด๊ฒ€์‚ฌ๋Œ€์ƒ

Wartime Labor Service ์ „์‹œ๊ทผ๋กœ์—ญ

Exemption from Military Service ๋ณ‘์—ญ๋ฉด์ œ

Removal from Military Register ๋ณ‘์ ์ œ์ (6๋…„์ด์ƒ์ˆ˜ํ˜•)

Reason of disposition An only son ๋…์ž

Wounded in action or injured in the line of duty ์ „·๊ณต์ƒ

(Family member) wounded in action or injured in the line of duty (๊ฐ€์กฑ)์ „·๊ณต์ƒ

Difficulties in Earning a Livelihood ์ƒ๊ณ„์œ ์ง€๊ณค๋ž€

Not Completing Middle School ์ค‘ํ•™๊ต ์ค‘ํ‡ด์ดํ•˜

Long-term Waiting ์žฅ๊ธฐ๋Œ€๊ธฐ

Emigration ๊ตญ์™ธ์ด์ฃผ(์ด๋ฏผ)

Acquisition of the Permanent Residence Right ์˜์ฃผ๊ถŒ์ทจ๋“

Loss of nationality ๊ตญ์ ์ƒ์‹ค

Thirty-one years of age or older 31์„ธ์ด์ƒ

Thirty-six years of age or older 36์„ธ์ด์ƒ

Remaining in Physical Grade VII for one year or longer 7๊ธ‰1๋…„์ด์ƒ

Remaining in Physical Grade VII for two year or longer 7๊ธ‰2๋…„์ด์ƒ

Naturalization ๊ท€ํ™”

Multiracial child ํ˜ผํ˜ˆ์•„

Serving a sentence ์ˆ˜ํ˜•

Child born out of wedlock ํ˜ผ์ธ์™ธ ์ถœ์ƒ์ž

Excluded from the Public ์ œ์™ธ

Immigrated from the North of the Military Demarcation Line ๊ตฐ์‚ฌ๋ถ„๊ณ„์„  ์ด๋ถ์ง€์—ญ์—์„œ ์ด์ฃผ

Boot camp Army Recruit Training Center ์œก๊ตฐ ํ›ˆ๋ จ์†Œ

OO Replacement Center OO ๋ณด์ถฉ๋Œ€

OO Division OO ์‚ฌ๋‹จ

Draft examination Postponement of Draft Physical Examination (Studying Abroad) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(์œ ํ•™)

Postponement of Draft Physical Examination (Seafarer) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(์„ ์›)

Postponement of Draft Physical Examination (Residing Abroad) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(๊ตญ์™ธ์ด์ฃผ)

Postponement of Draft Physical Examination (Emigration) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(๊ตญ์™ธ๊ฑฐ์ฃผ)

Postponement of Draft Physical Examination (In Prison) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(์žฌ๊ฐ)

Evasion of Draft Physical Examination ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ ๊ธฐํ”ผ

Enlist of active Postponement of Conscription (Student) ์ž…์˜์—ฐ๊ธฐ(์žฌํ•™์ƒ)

Postponement of Conscription (Studying Abroad) ์ž…์˜์—ฐ๊ธฐ(์œ ํ•™)

Postponement of Conscription (Residing Abroad) ์ž…์˜์—ฐ๊ธฐ(๊ตญ์™ธ๊ฑฐ์ฃผ)

Postponement of Conscription (Emigration) ์ž…์˜์—ฐ๊ธฐ(๊ตญ์™ธ์ด์ฃผ)

Postponement of Conscription (Training in Research Institute) ์ž…์˜์—ฐ๊ธฐ(์—ฐ์ˆ˜)

Postponement of Conscription (Outstanding Athlete) ์ž…์˜์—ฐ๊ธฐ(์šฐ์ˆ˜์—ฐ์ˆ˜)

Postponement of Conscription Date ์ž…์˜์ผ์ž ์—ฐ๊ธฐ

Homecoming after Conscription ์ž…์˜ํ›„ ๊ท€๊ฐ€

Subject to Notice of Re-Conscription ์žฌ์ž…์˜ํ†ต์ง€๋Œ€์ƒ

Domestic Reason ๊ฐ€์‚ฌ์‚ฌ์ •

Employed Abroad ๊ตญ์™ธ์ทจ์—…

Residing in an Unreclaimed Area ๋ฏธ์ˆ˜๋ณต์ง€๊ตฌ๊ฑฐ์ฃผ

Application for Military Service ๊ตฐ ์ง€์›

Evasion of Conscription ์ž…์˜๊ธฐํ”ผ

Missing ํ–‰๋ฐฉ๋ถˆ๋ช…

(Medical/Judicial/Religious) Officer/Cadet Officer (์˜๋ฌด/๋ฒ•๋ฌด/๊ตฐ์ข…)์žฅ๊ต/์‚ฌ๊ด€ํ›„๋ณด์ƒ

Basic Branch Officer ๊ธฐ๋ณธ๋ณ‘๊ณผ์žฅ๊ต

Noncommissioned Cadet Officer ๋ถ€์‚ฌ๊ด€ ํ›„๋ณด์ƒ

Enlistment in OO OO ํŽธ์ž…

Removed from OO OO ์ œ์ 

Call of supplementary service, etc. Postponement of Call (Student) ์†Œ์ง‘์—ฐ๊ธฐ(์žฌํ•™์ƒ)

Postponement of Call (Studying Abroad) ์†Œ์ง‘์—ฐ๊ธฐ(์œ ํ•™)

Postponement of Call (Seafarer) ์†Œ์ง‘์—ฐ๊ธฐ(์„ ์›)

Postponement of Call (Residing Abroad) ์†Œ์ง‘์—ฐ๊ธฐ(๊ตญ์™ธ๊ฑฐ์ฃผ)

Postponement of Call (Emigration) ์†Œ์ง‘์—ฐ๊ธฐ(๊ตญ์™ธ์ด์ฃผ)

Postponement of Call (Training in Research Institute) ์†Œ์ง‘์—ฐ๊ธฐ(์—ฐ์ˆ˜)

Postponement of Call (Outstanding Athlete) ์†Œ์ง‘์—ฐ๊ธฐ(์šฐ์ˆ˜์—ฐ์ˆ˜)

Postponement of Call Date ์†Œ์ง‘์ผ์ž์—ฐ๊ธฐ

Exemption from Call ์†Œ์ง‘๋ฉด์ œ

Evasion from Call ์†Œ์ง‘๊ธฐํ”ผ

Enlistment in OO (์‚ฐ์—…์š”์›๋“ฑ)ํŽธ์ž…

Cancellation of Enlistment in OO OO ํŽธ์ž…์ทจ์†Œ

Advance Service ์„ ๋ณต๋ฌด

Social Service Personnel ์‚ฌํšŒ๋ณต๋ฌด์š”์›

International Cooperation Service Personnel ๊ตญ์ œํ˜‘๋ ฅ๋ด‰์‚ฌ์š”์›

Art and Sports Personnel ์˜ˆ์ˆ ์ฒด์œก์š”์›

Expert Research Personnel ์ „๋ฌธ์—ฐ๊ตฌ์š”์›

Industrial Technical Personnel ์‚ฐ์—…๊ธฐ๋Šฅ์š”์›

International Cooperative Doctor ๊ตญ์ œํ˜‘๋ ฅ์˜์‚ฌ

Public-Service Advocate ๊ณต์ต๋ฒ•๋ฌด๊ด€

Public Health Doctor ๊ณต์ค‘๋ณด๊ฑด์˜์‚ฌ

Doctor Exclusively in Charge of Draft Physical Examination ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์ „๋‹ด์˜์‚ฌ

Onboard Ship Reserve Service ์Šน์„ ๊ทผ๋ฌด์˜ˆ๋น„์—ญ

Alternative Service Personnel ๋Œ€์ฒด๋ณต๋ฌด์š”์›

Others Ban on foreign travel (a person who has stayed in the country for one year or longer) ์ถœ๊ตญ๊ธˆ์ง€(1๋…„์ด์ƒ ๊ตญ๋‚ด์ฒด์žฌ)

Removal of the ban on foreign travel (others)

Jehovah's Witnesses ์—ฌํ˜ธ์™€์˜ ์ฆ์ธ

Departure before age 24 24์„ธ์ด์ „์ถœ๊ตญ

Period of Mandatory Service ์˜๋ฌด๋ณต๋ฌด๊ธฐ๊ฐ„

Exclusion from the Military Service ๊ตฐ๋ณต๋ฌด ์ œ์™ธ๊ธฐ๊ฐ„

Short-term overseas travel ๋‹จ๊ธฐ์—ฌํ–‰

Illegal stay in a foreign country ๊ตญ์™ธ๋ถˆ๋ฒ•์ฒด์žฌ

Violation of duty to obtain permission for overseas travel ๊ตญ์™ธ์—ฌํ–‰ํ—ˆ๊ฐ€์˜๋ฌด์œ„๋ฐ˜

Forces Army ์œก๊ตฐ

Navy ํ•ด๊ตฐ

Air Force ๊ณต๊ตฐ

Marine, Subordinate to ROK Navy ํ•ด๋ณ‘๋Œ€

Expiration date Indefinite ๋ฌด๊ธฐํ•œ

6 Months 6์›”

Type of service Reserve Service ์˜ˆ๋น„์—ญ

Recruit Service ๋ณด์ถฉ์—ญ

Exemption from the Service ๋ฉด์—ญ

Retirement from the Service ํ‡ด์—ญ

Removal from Military Register ๋ณ‘์ ์ œ์ 

Discharge Discharge from Military Service ์ „์—ญ

Discharge from Military Service by Application ์›์— ์˜ํ•œ ์ „์—ญ

Forced Discharge from Military Service ์›์— ์˜ํ•˜์ง€ ์•„๋‹ˆํ•œ ์ „์—ญ

Home on Leave from Military Service ๊ท€ํœด์ „์—ญ

Discharge from Military Service as Woman ์—ฌ๊ตฐ์ „์—ญ

Completion of Service ๋ณต๋ฌด๋งŒ๋ฃŒ

Completion of Service(Release from Call) ๋ณต๋ฌด๋งŒ๋ฃŒ(์†Œ์ง‘ํ•ด์ œ)

Completion of Military Service ๋งŒ๊ธฐ

Age Limit ์—ฐ๋ น์ •๋…„

Disease ์˜๋ณ‘

Domestic Reason ๊ฐ€์‚ฌ์‚ฌ์ •(์˜๊ฐ€์‚ฌ)

Difficulties in Maintaining Household ์ƒ๊ณ„๊ณค๋ž€

An only son ๋…์ž

wounded in action or injured in the line of duty ์ „·๊ณต์ƒ

Emigration ๊ตญ์™ธ์ด์ฃผ

Disqualification ์‹ ๋ถ„์ƒ์‹ค

Exclusion to the Public ์ œ์™ธ

Secession from Military Service ๊ตฐ๋ณต๋ฌด์ดํƒˆ(์‚ญ์ œ)

Removal from the Army Register ๊ตฐ ์ œ์ 

Self-Surrender ์ž์ˆ˜์‹ ๊ณ 

National Land Construction Corps ๊ตญํ† ๊ฑด์„ค๋‹จ

Volunteer Soldier as a Student ํ•™๋„์˜์šฉ๊ตฐ

Military Service Act ๋ณ‘์—ญ๋ฒ•

Enforcement Decree of Military Service Act ๋ณ‘์—ญ๋ฒ•์‹œํ–‰๋ น

Detailed Enforcement Regulation of Military Service Act ๋ณ‘์—ญ๋ฒ• ์‹œํ–‰๊ทœ์น™

Combatant police, etc. Combatant Police Officer ์ „ํˆฌ๊ฒฝ์ฐฐ

Auxiliary Police Officer ์˜๋ฌด๊ฒฝ์ฐฐ

Obligatory Fireman ์˜๋ฌด์†Œ๋ฐฉ

Coast Guard ํ•ด์–‘๊ฒฝ์ฐฐ

Correctional Guard ๊ฒฝ๋น„๊ต๋„

Legal Military service age

The age standard is from January 1 to December 31 of the year of age.

โ– : Age group of Mandatory Military service

โ– : Age group of Mandatory Military service in Wartime

Age Mandatory military service Duty of conscription examination and enlist, etc. Type of service Note

17 or younger Military Manpower Administration takes over the Identity registration data of persons (17-year-old male) who are enrollment to Military Service Registration(Assignment the Preliminary Military Service) in the following year from the Ministry of the Interior, and transmits them to the Local Military Manpower Office.

18 Subject for Mandatory Military service of Peacetime No, but voluntary enlistment possible.

- Assignment the Preliminary Military Service.

- Persons with disabilities registered under the Disabled registration system is Wartime Labor Service or Exemption from Military Service.Note 1

1.Age group subject to Civil Defense Corps under the Framework Act on Civil Defense from the age of 20[17]

2.Subject to a return order from the chief of staff of each military if he desertied while serving on the basis of active duty soldiers.

3.Reserve soldiers and Completed their service Supplementary soldiers in the Age group of Exemption from Duty of conscription examination and enlist, etc.(38 to 40 years old, 38 to 45 years old in Wartime) can be assigned to the Reserve Force according to the Reserve Forces Act on a wartime basis.[18]

19 to 35 All Military service obligators are obligated to Conscription examination and Enlist/Call-up(Passed person from Conscription examination. Active duty is Enlist, Supplementary Service is Call-up) 1.According to the results of the Conscription examination.(Military Disposition. Active duty, Supplementary service, Wartime labor service or Exempted from Military service)

2.When the Mandatory service(Active service) period is completed, they are transferred to reserve service.

36 to 37 1.In the peacetime, General Military service obligators are no Conscription examination and Enlist/Call-up

2.In the peacetime, Military Service Act Violators, Oversea stayer, etc. are obligated to Conscription examination. When disposed of as a Supplementary service, there is an Obligation to convene Public service.

3.In the wartime, All Military service obligators are obligated to enlist as conscription examination and active duty.

1.Same as above.

2.Military Service Act Violators, Overseas stayer, etc. are Subject to Supplementary service, Wartime Labor Service or Exempted from Military service according to the results of the Conscription examination.

38 to 40 In any case, No duty of Conscription Examination and Enlist. Same as above.

41 to 45 1.End of Mandatory Military service from Peacetime(Soldier ranks)

2.Extension of Mandatory Military service from Wartime Exemption from Service for Active Soldiers, Reserve Soldiers, Supplementary Soldiers, Wartime Labor Service in PeacetimeNote 2 Reserve soldiers and Completed their service Supplementary soldiers can be assigned to the Reserve Force according to the Reserve Forces Act on a Wartime basis.

46 or older End of Mandatory Military service from Peacetime and Wartime. Exemption from Service for Active, Reserve, Supplementary Soldiers, Wartime Labor Service in Peacetime and WartimeNote 2 Expanded 50 years of age for the Wartime Civil Defense Corps

Note 1: Some disabled person (mild disabled person). If the disability status of a disabled person changes at the age of 19, or if a reason for the return of the disabled registration card occurs, a Conscription Examination shall be performed.

Note 2:

Republic of Korea Armed Forces soldier (Byeong) ranks

English Korean

Army Navy Air Force Marine Corps

Sergeant Petty Officer Second Class Staff Sergeant Sergeant ๋ณ‘์žฅ

Corporal Petty Officer Third Class Senior Airman Corporal ์ƒ๋“ฑ๋ณ‘

Private First Class Seaman Airman First Class Lance Corporal ์ผ๋“ฑ๋ณ‘

Private Second Class Seaman Apprentice Airman Private First Class ์ด๋“ฑ๋ณ‘

Note 3: Retirement of Officers, Warrant officers, and Noncommissioned officers when they reach retirement age of rank from Military Personnel Management Act.[19]

History of military service age

1971 to 1984

Age Mandatory military service Duty of conscription examination and enlist, etc. Type of service

17 or younger — None. —

18 to 19 Subject for Mandatory Military service of Peacetime Assignment the 1st Citizen Service.

20 to 30 All Military service obligators are obligated to Conscription examination and Enlist/Call-up (Passed person from Conscription examination. Active duty is Enlist, Supplementary Service is Call-up) 1.According to the results of the Conscription examination. (Military Disposition. Active duty, Supplementary service, Wartime labor service or Exempted from Military service)

2.Those who are not Active (Serving), Reserve, or Supplementary Service are the 1st Citizen service.

3.When the Mandatory service (Active service) period is completed, they are transferred to Reserve service.

31 to 35 1.In peacetime, All Military Service Obligators (Including those Military Service Act Violators, Oversea stayer, etc.) are no Conscription examination, Enlist, Supplementary Service Call-up (Exemption from Call)Note 1

2.In the wartime, All Military service obligators are obligated to enlist as conscription examination and active duty. 1.Same as above.

2.The 1st Citizen service that has not been Conscription examination and those Subject to Active Enlist (Subject to draft) who have not been notified of Active draft are transferred to Supplementary service.

36 to 40 In any case, No duty of Conscription Examantion and Enlist.

41 to 45 1.End of Mandatory Military service from Peacetime (Soldier ranks)

2.Extension of Mandatory Military service from Wartime Exemption from Service for Active Soldiers, Reserve Soldiers, Supplementary Soldiers, Wartime Labor Service in PeacetimeNote 2

46 or older End of Mandatory Military service from Peacetime and Wartime. Exemption from Service for Active, Reserve, Supplementary Soldiers, 2nd Citizen Service in Peacetime and WartimeNote 2

Note 1: According to Article 7 of the Military Service Act Addenda in 1971, Military Service Act Violators(Conscription examination or Enlist refusers/dodgers) as of the enforcement year(1971) are obligated to Conscription examination and enlist.[20]

Note 2: Retirement of Officers, Warrant officers, and Noncommissioned officers when they reach retirement age of rank.

1984 to 1993

Age Mandatory military service Duty of conscription examination and enlist, etc. Type of service

17 or younger a 17-year-old person (17-year-old male) must report the incorporation of the 1st Citizen service to the Town mayor or Village Chief. No, But Possible the Voluntary enlist.

18 Subject for Mandatory Military service of Peacetime not enlisted from 1st Citizen Service

19 to 30 All Military service obligators are obligated to Conscription examination and Enlist/Call-up (Passed person from Conscription examination. Active duty is Enlist, Supplementary Service is Call-up) 1.According to the results of the Conscription examination. (Military Disposition. Active duty, Supplementary service, Wartime labor service or Exempted from Military service)

2.Those who are not Active (Serving), Reserve, or Supplementary Service are the 1st Citizen service.

3.When the Mandatory service (Active service) period is completed, they are transferred to Reserve service.

31 to 35 1.In the peacetime, All Military Service Obligators (Including those Military Service Act Violators, Oversea stayer, etc.) are no Conscription examination, Enlist, Supplementary Service Call-up (Exemption from Call)

2.In the wartime, All Military service obligators are obligated to enlist as conscription examination and active duty. 1.Same as above.

2.The 1st Citizen service that has not been Conscription examination and those Subject to Active Enlist (Subject to draft) who have not been notified of Active draft are transferred to Supplementary service.

36 to 40 In any case, No duty of Conscription Examantion and Enlist.

41 to 45 1.End of Mandatory Military service from Peacetime (Soldier ranks)

2.Extension of Mandatory Military service from Wartime Exemption from Service for Active Soldiers, Reserve Soldiers, Supplementary Soldiers, Wartime Labor Service in PeacetimeNote

46 or older End of Mandatory Military service from Peacetime and Wartime. Exemption from Service for Active, Reserve, Supplementary Soldiers, 2nd Citizen Service in Peacetime and WartimeNote

Note: Retirement of Officers, Warrant officers, and Noncommissioned officers when they reach retirement age of rank.

1994 to 2010

Age Mandatory military service Duty of conscription examination and enlist, etc. Type of service

17 or younger a 17-year-old person (17-year-old male) must report the incorporation of the 1st Citizen service to the Town mayor or Village Chief. (Before February 5, 1999)

Military Manpower Administration takes over the Identity registration data of persons (17-year-old male) who are enrollment to Military Service Registration (Assignment the Preliminary Military Service) in the following year from the Ministry of the Interior, and transmits them to the Local Military Manpower Office. (After February 5, 1999)

18 Subject for Mandatory Military service of Peacetime No, but voluntary enlistment is possible. Assignment the 1st Citizen Service.

Persons with disabilities registered under the Disabled registration system is Wartime Labor Service or Exemption from Military Service.

19 to 30 All Military service obligators are obligated to Conscription examination and Enlist/Call-up (Passed person from Conscription examination. Active duty is Enlist, Supplementary Service is Call-up) 1.According to the results of the Conscription examination. (Military Disposition. Active duty, Supplementary service, Wartime labor service or Exempted from Military service)

2.When the Mandatory service (Active service) period is completed, they are transferred to reserve service.

31 to 35 1.In the peacetime, General Military service obligators are no Conscription examination and Enlist/Call-up

2.In the peacetime, Military Service Act Violators, Oversea stayer, etc. are obligated to Conscription examination. When disposed of as a Supplementary service, there is an Obligation to convene Public service.

3.In the wartime, All Military service obligators are obligated to enlist as conscription examination and active duty.

1.Same as above.

2.Military Service Act Violators, Overseas stayer, etc. are Subject to Supplementary service, Wartime Labor Service or Exempted from Military service according to the results of the Conscription examination.

38 to 40 In any case, No duty of Conscription Examination and Enlist. Same as above.

41 to 45 1.End of Mandatory Military service from Peacetime (Soldier ranks)

2.Extension of Mandatory Military service from Wartime Exemption from Service for Active Soldiers, Reserve Soldiers, Supplementary Soldiers, Wartime Labor Service in PeacetimeNote

46 or older End of Mandatory Military service from Peacetime and Wartime. Exemption from Service for Active, Reserve, Supplementary Soldiers, Wartime Labor Service in Peacetime and WartimeNote

Note: Retirement of Officers, Warrant officers, and Noncommissioned officers when they reach retirement age of rank.

Determination criteria of physical grades

There are seven physical grades. Grade name is I, II, III, IV, V, VI and VII. Before 1984 grades name is A, B (respectively B-I, B-II, B-III), C, D and E

Before 1984 After 1984

Name Korean Name Korean

Grade A ๊ฐ‘์ข… Grade I 1๊ธ‰

Grade B-I ์ œ1์„์ข… Grade II 2๊ธ‰

Grade B-II ์ œ2์„์ข… Grade III 3๊ธ‰

Grade B-III ์ œ3์„์ข… Grade IV 4๊ธ‰

Grade C ๋ณ‘์ข… Grade V 5๊ธ‰

Grade D ์ •์ข… Grade VI 6๊ธ‰

Grade E ๋ฌด์ข… Grade VII 7๊ธ‰

I, II, III and IV is Accepted, and grades V, VI and VII is Rejected.

The criteria for determining the physical grade shall be in accordance with Attached form 2 and 3 of the "Rules for examination of Conscription Physical Examination, etc.(๋ณ‘์—ญํŒ์ • ์‹ ์ฒด๊ฒ€์‚ฌ ๋“ฑ ๊ฒ€์‚ฌ๊ทœ์น™ [ko])" Attached form 2 sets the criteria for determining height and weight. Attached form 3 is the evaluation criteria for diseases and mental and physical disabilities, which vary from year to year.

In the following criteria, diseases and mental and physical disabilities are described mainly as representative or known.

Physical grades Accepted or Rejected Standards[21] Type of military service[22]

I Accepted Physical and Psychological constitution is healthy, and can serve in active duty or supplementary service.

Active duty, Supplementary service, and Wartime labor service based on Qualifications (Educational background, Age, etc.)

2

3

4

5 Rejected Those incapable of entering active or supplementary service, but capable of entering the wartime labor service Wartime labor service

6 Those incapable of performing military service due to disease or mental or physical disorder Exempted from Military service

7 In the case where grades I, II, III, IV, V, VI cannot be received due to Disease or Mental and Physical disability Subject to Rephysical examination

Physical grade Height (centimeters), weight (BMI) Disease or disabled

I

Height 161๏ฝž203.9 cm๏ผšBMI20.0๏ฝž24.9

A completely healthy person without illness or physical disability

Those in good condition after treatment of acute infectious diseases

II

Height 161๏ฝž203.9 cm๏ผšBMI18.5๏ฝž19.9ใƒปBMI25.0๏ฝž29.9

Allergic rhinitis

III

Height 159๏ฝž160 cm๏ผšBMI16.0๏ฝž34.9

Height 161๏ฝž203.9 cm๏ผšBMI16.0๏ฝž18.4, BMI30.0๏ฝž34.9

Hepatitis B carrier

Conservative treated or Operated PneumothoraxNote 1

Mental disease

Minor, Mild Depression

Minor, Mild Obsessive-compulsive disorder

Several Developmental Disability (ADHD, Learning Disability)

IV

Height 146๏ฝž158 cm

Height 159๏ฝž203.9 cm: Below BMI16.0 and BMI35.0 or Over

Height 204 cm or Over

Case of endoscopic surgery with either Early gastric cancer, Early colorectal cancer, or Carcinoid

Prodrome of Skin malignant tumor(Giant acromegaly condyloma, Bowen disease), Basal cell carcinoma

Mental disease

Borderline intellectual functioning

Mild Autism Spectrum Disorder (High-functioning Autism, Asperger Syndrome, PDD-NOS without Intellectual Disability)

V

Height 140.1๏ฝž145 cm

Mental disease

Schizophrenia

Gender dysphoria

Mild Intellectual Disability

Autism Spectrum Disorder without Intellectual Disability (High-functioning Autism, Asperger Syndrome, PDD-NOS without Intellectual Disability)

VI

Height 140 cm or Below

Malignant tumor (Cancer)

Metastasized skin cancer

Bone cancer

HIV carrier

Hansen's Disease (Leprosy)

Mental disease

Schizophrenia with Personality devastated

Moderate, Severe and Profound Intellectual Disability

Autism Spectrum Disorder with Intellectual Disability (Low-functioning autism, Childhood disintegrative disorder)

VII

Note 1: Surgery due to pneumothorax is Grade V in 1992.

Disposition for military service by educational background and physical grade

According to Article 14 of the Military Service Act, grades I to IV are based on qualifications (education, age, etc.) and are subject to active service, supplementary, wartime workers, Grade V exemptions, Grade VI exemptions, and Grade VII medical examinations. The criteria for disposing of active duty or supplementary officers in grades I to IV are determined by the Military Manpower Administration's announcement (annual announcement of conscription inspection). According to the announcement, the criteria for military service are as follows.

Active duty (ํ˜„์—ญ, Subject to Enlist for Active duty. Subject to Draft)

Mix of active and supplementary

Supplementary service (๋ณด์ถฉ์—ญ)

Wartime labor service (์ „์‹œ๊ทผ๋กœ์—ญ)[23]

Exempted from Military service (๋ณ‘์—ญ๋ฉด์ œ)

Subject to Physical Reexamination (์žฌ๊ฒ€์‚ฌ๋Œ€์ƒ)

Disposition for military service by educational background and physical grade (after 2021)

Educational background Physical grade

I II III IV V VI VII

Regardless Active duty Supplementary service Wartime Labor Service Exempted from Military service Subject to Physical reexamination

History of disposition for military service

1950s to 1969

Before the 1970s, the criteria for disposition of active duty and supplementary military service cannot be confirmed due to lack of data at the time.[24]

in 1950 to 1955

1950: It was the first year in the Republic of Korea that the Conscription was implemented. At that year, due to the limitation of 100,000 troops by the Korean military, the conscription system and Conscription Examination were suspended. However, in June of the same year, when the Korean War broke out, there was an unofficial conscription.

1952: As the Conscription system was Implemented again, Conscription Examination began again.

Educational

background Physical grade

A B-I B-II C D E

Regardless Accepted (Active duty, 1st Supplementary service, 2nd Supplementary service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1956

Educational background Physical grade

A B-I C D E

Regardless Accepted (Active duty, 1st Supplementary military service, 2nd Supplementary military service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1957

The supplementary military service was abolished by the enforcement of the revised Military Service Act from August 1957.[25]

Educational background Physical grade

A B-I B-II C D E

Regardless Accepted

(Active duty, 1st Supplementary military service, 2nd Supplementary military service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1958 to 1960

On February 24, 1958, there were Re-examination measures after canceling the judgment on 45,000 Grade C judges in the 1950 to 1957 Conscription examination.

Educational background Physical grade

A B-I B-II B-III C D E

Regardless Accepted (Active duty) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1961

There was a physical examination of public officials who were judged to be Grade C.

In 1961, there was a physical examination of 128,422 embroidered persons who reported between June 21 and June 30, which was set as the period for reporting embroidery of those who failed to serve in the military.

Educational background Physical grade

A B-I B-II C D E

Regardless Accepted (Active duty) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1962

Those born on or after January 1, 1930, who have been punished for active service under the Military Service Act enacted before October 1, 1962, and who have not joined the army, will be transferred to the 1st supplementary role and will be supplemented. (Except for those who joined the National Land Construction Team(๊ตญํ† ๊ฑด์„ค๋‹จ [ko]) in 1961.)

Educational background Physical grade

A B-I B-II B-III B-IV B-V C D E

Regardless Accepted (Active duty)

(After Oct, 1st 1962, Active duty, 1st Supplementary service, 2nd Supplementary service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1963 to 1969

Among those who were examined for conscription in 1962, those who were judged to be Grade B4 and B5 were transferred to Grade C and converted to 2nd Citizen service.

Educational background Physical grade

A B-I B-II B-III C D E

Regardless Accepted (Active duty, 1st Supplementary service, 2nd Supplementary service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

After 1970s

1970

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout

Elementary school Graduated

Elementary school Dropout or less Active duty Supplementary service

1971

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout Active duty Supplementary service

Elementary school Graduated

Elementary school Dropout or less Active duty Supplementary service

1972

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout

Elementary school Graduated

Elementary school Dropout or less Active duty Supplementary service

1973

Middle school Graduated or more

Grade A, B-I, B-II: Active duty

Grade B-III: Supplementary service

Elementary school Graduated or more, Middle school Dropout or less

Grade A: Active duty

Grade B-I, B-II, B-III: Supplementary service

Elementary school Dropout or less: 2nd Citizen service

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout Active duty Supplementary service

Elementary school Graduated

Elementary school Dropout or less 2nd Citizen service

1974 to 1976

College attending or more

Grade A, B-I, B-II: Active duty

Grade B-III: Supplementary service

Middle school Graduated or more, High school Dropout or less

Grade A, B-I: Active duty

Grade B-II, B-III: Supplementary service

Elementary school Graduated or more, Middle school Dropout or less

Grade A: Active duty

Grade B-I, B-II, B-III: Supplementary service

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Graduated

Middle school Graduated

Middle school Dropout Active duty Supplementary service

Elementary school Graduated

Elementary school Dropout or less 2nd Citizen service

1977 to 1979

College attending or more

Grade A, B-I, B-II, B-III: Active duty

High school Graduated or less

Grade A, B-I: Active duty

Grade B-II, B-III: Supplementary service

Middle school Dropout or less: 2nd Citizen service

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1980 to 1983

College attending or more

ใ€€Grade A, B-I, B-II: Active duty

ใ€€Grade B-III: Supplementary service

High school Graduated or less

ใ€€Grade A: Active duty

ใ€€Grade B-I, II, III: Supplementary service

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1984

In 1984, Change of Physical Grade Name.

Before 1984 After 1984

Name Korean Name Korean

A ๊ฐ‘์ข… I 1๊ธ‰

B-I ์ œ1์„์ข… II 2๊ธ‰

B-II ์ œ2์„์ข… III 3๊ธ‰

B-III ์ œ3์„์ข… IV 4๊ธ‰

C ๋ณ‘์ข… V 5๊ธ‰

D ์ •์ข… VI 6๊ธ‰

E ๋ฌด์ข… VII 7๊ธ‰

College attending or more

ใ€€Grade I, II, III: Active duty

ใ€€Grade IV: Supplementary service

High school Graduated

ใ€€Grade I, II: Active duty

ใ€€Grade III, IV: Supplementary service

High school Dropout or less

ใ€€Grade I: Active duty

ใ€€Grade II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Dropout Active duty Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1985

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated Active duty Supplementary service

Middle school Dropout or less 2nd Citizen service

1986

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated Active duty Supplementary service

Middle school Dropout or less 2nd Citizen service

1987

High school Graduated or more

ใ€€Grade I, II: Active duty

ใ€€Grade III, IV: Supplementary service

High school Dropout or less

ใ€€Grade I: Active duty

ใ€€Grade II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Active duty Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1988 to 1991

1988: Skipped Conscription Examination of Elementary school Graduated or less

1989: Those aged 25 or older among those graduating from High school will be converted to Supplementary service.

June 1, 1991: High school graduates who are 162 centimeters or less, high school graduates and those who are above university students, and who are Grade II (and III, IV) due to myopia of ophthalmology, will be converted to Supplementary service. (A person who was Conscription examined from 1990)

November 15, 1991: Those who graduated from high school and a Physical grade II will be converted to Supplementary service. (A person who was Conscription examined from 1991)

January 1, 1992: Middle school Dropout or less is Supplementary service. (Exemption from Call of Bangwi)

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1992

Middle school Graduated or more, Physical grade I, II, III, IV: Active duty. But, on October 30 of the same year, it was changed as follows:

High school Graduated or more, Physical grade III, IV: converted to Supplementary service

High school Dropout or less, Physical grade I, II, III, IV: converted to Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1993

High school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

High school Dropout and Middle school Graduated with Grade I, II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1994

High school Graduated or more with Grade I, II, III, IV: Active duty

High school Dropout

Grade I: Active duty

Grade II, III, IV: Supplementary service

Middle school Graduated with Grade I, II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Active duty Supplementary service

Middle school Graduated Supplementary service

Middle school Dropout or less 2nd Citizen service

1995 to 1996

High school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Those who graduated from middle school and a Physical grade I, II, III, IV will be converted to Supplementary service from 1996

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1997

High school Dropout or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Middle school Graduated

Grade I, II, III, IV: Supplementary service

High school Dropout with Physical grade III: converted to Supplementary service from June 2, 1997

High school Dropout with Physical grade II: converted to Supplementary service from January 1, 1998

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated Supplementary service

Middle school Dropout or less 2nd Citizen service

1998 to 2003

High school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Middle school Graduated, High school Dropout

Grade I, II, III, IV: Supplementary service

1999 to 2011

Skipped Conscription Examination with Transferred the 2nd Citizen service of Middle school Dropout or less in 1999 to 2011

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

2004

Middle school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

2005

College attending or more with Grade I, II, III, IV: Active duty

Middle school Graduated and High school Dropout

Grade I, II, III: Active duty

Grade IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

2006 to 2011

Middle school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

2012 to 1st half of 2015

Middle school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Middle school Dropout or less with Physical Grade I, II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less Supplementary service

External links

(in Korean) Public Notice of Draft examination in 2014(Military Manpower Administration Public Notice No. 2014-2)

2nd half of 2015 to 2020

High school Graduated or more

Grade I, II and III: Active duty

Grade IV: Supplementary service

High school Dropout of less with Physical grade I, II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service Wartime Labor Service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout or less Supplementary service

External links

(Korean) Public Notice of Draft examination in 2016(Military Manpower Administration Public Notice No. 2016-3)

(Korean) Public Notice of Draft examination in 2017(Military Manpower Administration Public Notice No. 2017-1)

(Korean) Public Notice of Draft examination in 2018(Military Manpower Administration Public Notice No. 2018-1)

(Korean) Public Notice of Draft examination in 2019(Military Manpower Administration Public Notice No. 2019-1)

(Korean) Public Notice of Draft examination in 2020(Military Manpower Administration Public Notice No. 2020-1)

Service types and length

Grade 1, 2, 3 and 4: those are suitable for military service (ํ˜„์—ญ)

The length of compulsory military service in South Korea varies based on military branch.[26][unreliable source?] Active duty soldiers serve 1 year 6 months in the Army or Marine Corps, 1 year 8 months in the Navy, or 1 year 9 months in the Air Force.[27] After conscripts finish their military service, they are automatically placed on the reserve roster and are obligated to attend 3 days of annual military training for 6 years[citation needed] (5 years from 2021).

Non-active duty personnel, or "supplemental service" personnel serve for various lengths: 1 year 9 months for social work personnel (better known as public service workers - personnel ordered to do public service work at places that require auxiliary workers such as local community centers like city halls, government agencies, and public facilities like subway stations);[28] 2 years 10 months for arts and sports personnel or industrial technical personnel; and 3 years for public health doctors, lawyers, veterinarians, or expert researchers.[29]

In 2010, there was growing public pressure to either shorten the length of conscription or to switch to voluntary military service, and calls from experts for a gradual phasing out of conscription rather than complete abolition.[30] However, in December 2010, after taking into consideration of the 2010 ROKS Cheonan sinking and Bombardment of Yeonpyeong incidents, the South Korean government said it would not reduce service periods.[31]

Grade 4: those are unsuitable for military service

Art and sports personnel

Artists and players who have won government accredited competitions are allowed to work as 'Art and Sports Personnel'. After a month of military training, Art and Sports Service agents work through their specialties to finish their military services; e.g. in professional sports teams, art galleries, museums or orchestra bands. Unlike other service agents who are working at factories, farms, universities, institutes or nursing homes, Art and Sports Service agents are allowed to work abroad.[citation needed]

Former president Park Chung Hee introduced exemptions for athletes in 1973 to win more medals for the country; some historians believe this also served as a distraction against the government's unpopularity.[32] After winning a gold medal at the 1976 Summer Olympics, wrestler Yang Jung-mo was granted the first exemption. In the 1980s, president Chun Doo-hwan promised exemptions to any athlete who won a medal of any kind at either the 1986 Asian Games or the 1988 Summer Olympics.[32]

When South Korea co-hosted the FIFA World Cup in 2002, their national football team was guaranteed an exemption if they reached the round of 16; the same promise was made to the national baseball team in 2006 if they reached the semifinals of the World Baseball Classic. Public outrage ensued, and similar exemptions have been rarely granted since.[32]

Current conscription regulations stipulate that athletes who win medals in the Olympic Games or gold medals in the Asian Games are granted exemptions from military service and are placed in Grade 4.[33] They are required to do four weeks of basic military training and engage in sports field for 42 months. After that, they are automatically placed on the reserve roster, and are obligated to attend a few days of annual military training for six years. In practice, after athletes finish their four weeks of basic military training, they are able to continue their own sports career during the 34 months of duty.[34]

The policy has resulted in coaches being accused of selecting players desperate to avoid military service instead of choosing the best athletes. Parents encourage their children to pursue sports in hopes of them receiving an exemption.[32]

Notable athletes who have been granted exemptions from military service are the bronze medal-winning men's football team at the 2012 Summer Olympics,[35][36] 2008 Olympic gold medalist badminton player Lee Yong-dae,[37] swimmer Park Tae-hwan,[38][39] 2014 Asian Games gold medalist tennis player Chung Hyeon,[40] 2018 Asian Games gold medalist footballer Son Heung-min, and 2018 Asian Games gold medalist baseball player Lee Jung-hoo.

Esports players were not exempt from conscription until 2023, when esports became a regular event at the 2022 Asian Games.[41][failed verification] Because esports had become a medal event in these games, it became possible for players to be exempt from conscription, so long as they won a gold medal in the games. The gold medal-winning roster of the country's national esports team became the first players to be granted the exemption.[42]

A total of 220 exemptions were granted from 2008 to 2018.[32]

Exemptions are also granted to classical musicians and ballet performers who win first place in stipulated international-level competitions. A two-year extension for notable K-pop artists (from a law that was passed in December 2020) could also be given by government for their career, the age for joining military is 30 (which previously was 28). Some resources and media outlets claim that the primary reason for this amendment was singer-songwriter Jin, who, at the time, was about to turn 28.[43][44] As his group BTS has had a huge impact (especially in the music industry) worldwide and contributed greatly to the spread of Korean culture and the Hallyu Wave, exemptions for them were in talks for a few years.[45][46] Despite this, BTS' record label, Big Hit Music, announced on October 17, 2022, that Jin withdrew his enlistment deferral request and will be the first in the group to enter into mandatory military service, with other members of BTS to be enlisted on a later date.[47]

Conscientious objection

The right to conscientious objection was not recognized in South Korea until recently. Over 400 men were typically imprisoned at any given time for refusing military service for political or religious reasons in the years before right to conscientious objection was established.[48]

On 28 June 2018, the South Korean Constitutional Court ruled the Military Service Act unconstitutional and ordered the government to accommodate civilian forms of military service for conscientious objectors.[49] Later that year on 1 November 2018, the South Korean Supreme Court legalized conscientious objection as a basis for rejecting compulsory military service.[50]

Salary and benefits

Salary per month in 2017[51]

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ163,000

โ‚ฉ176,400

โ‚ฉ195,500

โ‚ฉ216,000

Salary per month in 2018

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ306,100

โ‚ฉ331,300

โ‚ฉ366,200

โ‚ฉ405,700

Salary per month in 2019

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ306,100

โ‚ฉ331,300

โ‚ฉ366,200

โ‚ฉ405,700

Salary per month in 2020

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ408,100

โ‚ฉ441,700

โ‚ฉ488,200

โ‚ฉ540,900

Salary per month in 2021

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ459,100

โ‚ฉ496,900

โ‚ฉ549,200

โ‚ฉ608,500

Salary per month in 2022

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ510,100

โ‚ฉ552,100

โ‚ฉ610,200

โ‚ฉ676,100

Salary per month in 2023

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ600,000

โ‚ฉ680,000

โ‚ฉ800,000

โ‚ฉ1,000,000

Equipment

The Ministry of National Defense has revealed that it failed to provide sneakers to 7,411 recruits who joined the military from 22 May to 4 June 2012, after the budget was insufficient for need. The Defense ministry originally projected the cost of each pair of sneakers to be 11,000 KRW. However, the actual cost turned out to be 15,000 KRW.[52]

The office of National Assembly member Kim Kwang-jin of Democratic United Party revealed that cadets in Korea Military Academy were provided with sneakers worth 60,000 KRW and tennis shoes. Cadets in Korea Army Academy at Yeongcheon were provided with sneakers worth 64,250 KRW, in addition to running shoes and soccer shoes.[53]

Dual citizens

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[54] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[55] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[56]

Racial minorities

In 2011, the government dropped race-based requirements for mix-raced Korean nationals conscripted into the armed forces.[57] However, there currently is no law allowing non-ethnic Korean citizens conscription into the armed forces. All naturalized citizens and citizens not of partial Korean ethnicity have a choice of whether to enlist or not.

Controversies

Violation of Forced Labour Convention

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[58] However, ILO defines conscription of non-military purpose as forced labour.[59]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. A majority (+90%) of the "Reserve - class 4 -" group work as "social service agents" (์‚ฌํšŒ๋ณต๋ฌด์š”์›), and earn far less than the minimum legal wage at various fields, including government offices, subway stations, tax offices, post offices, and sanitaria.[58]

In April 2021, South Korea ratified the Forced Labour Convention, but conscription remained in place. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4" now have the right to decide their methods of conscription between soldiers with active duty and "social service agents".[58] However, ILO continues to argue that enforcing "reserve - class 4-" to work as a "social service agent" is a violation of the Forced Labour Convention.[58]

Hazing

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

In recent years, the South Korean government has been preparing a policy to lower conscription standards for mental and physical conditions that were previously considered exempt, in light of concerns that the country's low birthrate will lead to fewer conscripts; South Korea had the lowest fertility rate in the world in both 2020 and 2021.[60] Experts have stated that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[61]

Draft evasion

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[62][63] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[64][65] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[66] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. He had already obtained U.S. permanent residency and, in order to evade military service, went to Los Angeles, where he acquired citizenship within two months, subsequently renouncing his Korean nationality. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[67] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[68] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[69] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[70] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[71]

See also

flag South Korea portal

Forced Labour Convention

Supplementary service in South Korea

Social service agent

Conscription in North Korea

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Date: September 9th, 2025 9:04 PM
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Conscription in South Korea

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First conscription examination, conducted on 16 December 1949 after liberation from Japan's colonial rule

Conscription

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1780 caricature of a press gang

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Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male citizen of the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

Enlistment and impairment-disability evaluation

By law, when a South Korean man turns 18 years old, he is enlisted for "first citizen service," meaning he is liable for military duty, but is not yet required to serve.[10][11] When he turns 19 years old (or, in some instances, 20 years old), he is required to undergo an Impairment & Disability evaluation to determine whether he is suitable for military service. The table below shows the evaluation's possible grades and their outcomes, according to the Military Service Act.[12] Men must enlist by the time they turn 28.[13]

Grade Description Outcome

1, 2, 3 "Those whose physical and psychological constitution is healthy enough to perform actively in army." "To be enlisted for active duty service, supplemental service or the second citizen service, based on their qualifications, such as educational background and age."

4 "Those whose physical and psychological constitution is not so healthy for active training but capable of doing supplemental service for civilians as replacements

(This is a common grade for people with minor disabilities)."

"To be enlisted for supplemental service or the second citizen service, based on their qualifications, such as educational background and age."

5 "Those incapable of entering active or supplemental service, but capable of entering the second citizen service

(This is a common grade for people with disabilities)."

"To be enlisted for the second citizen service."

6 "Those incapable of performing military service due to any disease or mental or physical incompetence

(This is a common grade for people with severe disabilities)."

"To be exempted from military service."

7 "Those unable to be graded...due to any disease or mental or physical incompetence." "To undergo a follow-up physical examination" within two years.

Term of South Korea military service

Areas Notation of military service relevant regulation Commonly used terms Meaning

English Korean English Korean

Conscription examination Draft Physical Examination ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ

์ง•๋ณ‘๊ฒ€์‚ฌ

์ง•๋ณ‘์‹ ์ฒด๊ฒ€์‚ฌ Conscription Examination

Military Service Judgment Examination

Physical Examination(PE) ์ง•๋ณ‘๊ฒ€์‚ฌ

๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ

์‹ ์ฒด๊ฒ€์‚ฌ(์‹ ๊ฒ€)

Physical Grade ์‹ ์ฒด๋“ฑ๊ธ‰

์‹ ์ฒด๋“ฑ์œ„ Physical Grade ์‹ ์ฒด๋“ฑ๊ธ‰

Grade I

Grade II

Grade III

Grade IV

Grade V

Grade VI

Grade VII 1๊ธ‰

2๊ธ‰

3๊ธ‰

4๊ธ‰

5๊ธ‰

6๊ธ‰

7๊ธ‰ Grade 1

Grade 2

Grade 3

Grade 4

Grade 5

Grade 6

Grade 7 1๊ธ‰

2๊ธ‰

3๊ธ‰

4๊ธ‰

5๊ธ‰

6๊ธ‰

7๊ธ‰

— ๊ฐ‘์ข…

์ œ1์„์ข…

์ œ2์„์ข…

์ œ3์„์ข…

๋ณ‘์ข…

์ •์ข…

๋ฌด์ข… Grade A

Grade B-1

Grade B-2

Grade B-3

Grade C

Grade D

Grade E ๊ฐ‘์ข…

1์„์ข…

2์„์ข…

3์„์ข…

๋ณ‘์ข…

์ •์ข…

๋ฌด์ข… Physical grades names from Before 1984

- Disposition for military service

- Type of service Preliminary Military Service

First militia Service

First Citizen Service ๋ณ‘์—ญ์ค€๋น„์—ญ

์ œ1๊ตญ๋ฏผ์—ญ Preliminary Military Service

1st Citizen Service ๋ณ‘์—ญ์ค€๋น„์—ญ

์ œ1๊ตญ๋ฏผ์—ญ

Active Service ํ˜„์—ญ Active ํ˜„์—ญ

Reserve Service ์˜ˆ๋น„์—ญ Reserve Service ์˜ˆ๋น„์—ญ

Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ

Supplementary Service

Supplemental Service

Recruit Service ๋ณด์ถฉ์—ญ Supplementary Service ๋ณด์ถฉ์—ญ

Wartime labor service

Second militia Service

Second Citizen Service ์ „์‹œ๊ทผ๋กœ์—ญ

์ œ2๊ตญ๋ฏผ์—ญ Exemption from Military Service in Ordinary time

Exemption from Ordinary time ํ‰์‹œ๋ณ‘์—ญ๋ฉด์ œ

ํ‰์‹œ๋ฉด์ œ

Exemption from Military service ๋ณ‘์—ญ๋ฉด์ œ Exemption from All Military Service

All exemption ๋ณ‘์—ญ์™„์ „๋ฉด์ œ

์™„์ „๋ฉด์ œ

Removal from Military Register ๋ณ‘์—ญ์ œ์  Exemption from All Military Service by Criminal record

All exemption from Criminal record ์ „๊ณผ์— ์˜ํ•œ ๋ณ‘์—ญ์™„์ „๋ฉด์ œ

์ „๊ณผ์— ์˜ํ•œ ์™„์ „๋ฉด์ œ

์ „๊ณผ๋กœ ๋ณ‘์—ญ์™„์ „๋ฉด์ œ

์ „๊ณผ๋กœ ์™„์ „๋ฉด์ œ In the case of being sentenced to more than 6 years in prison under the ROK Military service act, it was Removal from Military service registration.[14]

Disposition for subject to active duty, service, etc. Enlisted in Active Service ํ˜„์—ญ์ž…์˜๋Œ€์ƒ Active duty

Subject to Enlist

Subject to Conscription

Subject to Draft ํ˜„์—ญ๋Œ€์ƒ

ํ˜„์—ญ์ž…์˜๋Œ€์ƒ

์ง•๋ณ‘๋Œ€์ƒ

Called for Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ์†Œ์ง‘๋Œ€์ƒ Subject to Called for Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ์†Œ์ง‘๋Œ€์ƒ

Disposition for subject to supplementary service callup, service, etc. Called for Defense ๋ฐฉ์œ„์†Œ์ง‘๋Œ€์ƒ Called for Defense ๋ฐฉ์œ„์†Œ์ง‘๋Œ€์ƒ Defense Call-up(Defense soldier call-up) is classified as a supplementary service from 1969 to 1994. It was in the form of commuting from home to Military unit(or Police station, Police box, Conscription part of Town office).

— ๋ฐฉ์œ„๋ณ‘ Defense Soldier ๋ฐฉ์œ„๋ณ‘

Called for Public Interest Service ๊ณต์ต๊ทผ๋ฌด์š”์›์†Œ์ง‘๋Œ€์ƒ Called for Public Service ๊ณต์ต๋ณต๋ฌด์š”์› ์†Œ์ง‘๋Œ€์ƒ

Called for Social Service ์‚ฌํšŒ๋ณต๋ฌด์š”์›์†Œ์ง‘๋Œ€์ƒ Called for Social Service ์‚ฌํšŒ๋ณต๋ฌด์š”์› ์†Œ์ง‘๋Œ€์ƒ

Public interest service Personnel ๊ณต์ต๊ทผ๋ฌด์š”์› Social Service Personnel ๊ณต์ต๊ทผ๋ฌด์š”์›

Social Service Personnel ์‚ฌํšŒ๋ณต๋ฌด์š”์› Social Service Personnel ์‚ฌํšŒ๋ณต๋ฌด์š”์›

Certificate of Military Registration

Certificate of Military Registration data notation[15][16]

English Korean

Name Hong Gil-dong ํ™ ๊ธธ๋™

Kim Han-guk ๊น€ ํ•œ๊ตญ

Birth date 12 Mar. 1979 790312

28 Mar. 2001 2001. 3.28

Physical grade Grade I, II, III, IV, V, VI, VII 1, 2, 3, 4, 5, 6, 7๊ธ‰

Draft Physical Examination Omitted ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์ƒ๋žต

Disposition for military service Preliminary Military Service ๋ณ‘์—ญ์ค€๋น„์—ญ

Subject to Draft Physical Examination ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ๋Œ€์ƒ

Active Service ํ˜„์—ญ

Enlisted in Active Service ํ˜„์—ญ๋ณ‘์ž…์˜๋Œ€์ƒ

Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ

Called for Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ์†Œ์ง‘๋Œ€์ƒ

Supplementary Service ๋ณด์ถฉ์—ญ

Called for Social Service ์‚ฌํšŒ๋ณต๋ฌด์š”์›์†Œ์ง‘๋Œ€์ƒ

Alternative Service ๋Œ€์ฒด์—ญ

Called for alternative service ๋Œ€์ฒด๋ณต๋ฌด์š”์›์†Œ์ง‘๋Œ€์ƒ

Reserve Service ์˜ˆ๋น„์—ญ

Subject to Follow-up Physical Examination ์žฌ์‹ ์ฒด๊ฒ€์‚ฌ๋Œ€์ƒ

Wartime Labor Service ์ „์‹œ๊ทผ๋กœ์—ญ

Exemption from Military Service ๋ณ‘์—ญ๋ฉด์ œ

Removal from Military Register ๋ณ‘์ ์ œ์ (6๋…„์ด์ƒ์ˆ˜ํ˜•)

Reason of disposition An only son ๋…์ž

Wounded in action or injured in the line of duty ์ „·๊ณต์ƒ

(Family member) wounded in action or injured in the line of duty (๊ฐ€์กฑ)์ „·๊ณต์ƒ

Difficulties in Earning a Livelihood ์ƒ๊ณ„์œ ์ง€๊ณค๋ž€

Not Completing Middle School ์ค‘ํ•™๊ต ์ค‘ํ‡ด์ดํ•˜

Long-term Waiting ์žฅ๊ธฐ๋Œ€๊ธฐ

Emigration ๊ตญ์™ธ์ด์ฃผ(์ด๋ฏผ)

Acquisition of the Permanent Residence Right ์˜์ฃผ๊ถŒ์ทจ๋“

Loss of nationality ๊ตญ์ ์ƒ์‹ค

Thirty-one years of age or older 31์„ธ์ด์ƒ

Thirty-six years of age or older 36์„ธ์ด์ƒ

Remaining in Physical Grade VII for one year or longer 7๊ธ‰1๋…„์ด์ƒ

Remaining in Physical Grade VII for two year or longer 7๊ธ‰2๋…„์ด์ƒ

Naturalization ๊ท€ํ™”

Multiracial child ํ˜ผํ˜ˆ์•„

Serving a sentence ์ˆ˜ํ˜•

Child born out of wedlock ํ˜ผ์ธ์™ธ ์ถœ์ƒ์ž

Excluded from the Public ์ œ์™ธ

Immigrated from the North of the Military Demarcation Line ๊ตฐ์‚ฌ๋ถ„๊ณ„์„  ์ด๋ถ์ง€์—ญ์—์„œ ์ด์ฃผ

Boot camp Army Recruit Training Center ์œก๊ตฐ ํ›ˆ๋ จ์†Œ

OO Replacement Center OO ๋ณด์ถฉ๋Œ€

OO Division OO ์‚ฌ๋‹จ

Draft examination Postponement of Draft Physical Examination (Studying Abroad) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(์œ ํ•™)

Postponement of Draft Physical Examination (Seafarer) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(์„ ์›)

Postponement of Draft Physical Examination (Residing Abroad) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(๊ตญ์™ธ์ด์ฃผ)

Postponement of Draft Physical Examination (Emigration) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(๊ตญ์™ธ๊ฑฐ์ฃผ)

Postponement of Draft Physical Examination (In Prison) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(์žฌ๊ฐ)

Evasion of Draft Physical Examination ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ ๊ธฐํ”ผ

Enlist of active Postponement of Conscription (Student) ์ž…์˜์—ฐ๊ธฐ(์žฌํ•™์ƒ)

Postponement of Conscription (Studying Abroad) ์ž…์˜์—ฐ๊ธฐ(์œ ํ•™)

Postponement of Conscription (Residing Abroad) ์ž…์˜์—ฐ๊ธฐ(๊ตญ์™ธ๊ฑฐ์ฃผ)

Postponement of Conscription (Emigration) ์ž…์˜์—ฐ๊ธฐ(๊ตญ์™ธ์ด์ฃผ)

Postponement of Conscription (Training in Research Institute) ์ž…์˜์—ฐ๊ธฐ(์—ฐ์ˆ˜)

Postponement of Conscription (Outstanding Athlete) ์ž…์˜์—ฐ๊ธฐ(์šฐ์ˆ˜์—ฐ์ˆ˜)

Postponement of Conscription Date ์ž…์˜์ผ์ž ์—ฐ๊ธฐ

Homecoming after Conscription ์ž…์˜ํ›„ ๊ท€๊ฐ€

Subject to Notice of Re-Conscription ์žฌ์ž…์˜ํ†ต์ง€๋Œ€์ƒ

Domestic Reason ๊ฐ€์‚ฌ์‚ฌ์ •

Employed Abroad ๊ตญ์™ธ์ทจ์—…

Residing in an Unreclaimed Area ๋ฏธ์ˆ˜๋ณต์ง€๊ตฌ๊ฑฐ์ฃผ

Application for Military Service ๊ตฐ ์ง€์›

Evasion of Conscription ์ž…์˜๊ธฐํ”ผ

Missing ํ–‰๋ฐฉ๋ถˆ๋ช…

(Medical/Judicial/Religious) Officer/Cadet Officer (์˜๋ฌด/๋ฒ•๋ฌด/๊ตฐ์ข…)์žฅ๊ต/์‚ฌ๊ด€ํ›„๋ณด์ƒ

Basic Branch Officer ๊ธฐ๋ณธ๋ณ‘๊ณผ์žฅ๊ต

Noncommissioned Cadet Officer ๋ถ€์‚ฌ๊ด€ ํ›„๋ณด์ƒ

Enlistment in OO OO ํŽธ์ž…

Removed from OO OO ์ œ์ 

Call of supplementary service, etc. Postponement of Call (Student) ์†Œ์ง‘์—ฐ๊ธฐ(์žฌํ•™์ƒ)

Postponement of Call (Studying Abroad) ์†Œ์ง‘์—ฐ๊ธฐ(์œ ํ•™)

Postponement of Call (Seafarer) ์†Œ์ง‘์—ฐ๊ธฐ(์„ ์›)

Postponement of Call (Residing Abroad) ์†Œ์ง‘์—ฐ๊ธฐ(๊ตญ์™ธ๊ฑฐ์ฃผ)

Postponement of Call (Emigration) ์†Œ์ง‘์—ฐ๊ธฐ(๊ตญ์™ธ์ด์ฃผ)

Postponement of Call (Training in Research Institute) ์†Œ์ง‘์—ฐ๊ธฐ(์—ฐ์ˆ˜)

Postponement of Call (Outstanding Athlete) ์†Œ์ง‘์—ฐ๊ธฐ(์šฐ์ˆ˜์—ฐ์ˆ˜)

Postponement of Call Date ์†Œ์ง‘์ผ์ž์—ฐ๊ธฐ

Exemption from Call ์†Œ์ง‘๋ฉด์ œ

Evasion from Call ์†Œ์ง‘๊ธฐํ”ผ

Enlistment in OO (์‚ฐ์—…์š”์›๋“ฑ)ํŽธ์ž…

Cancellation of Enlistment in OO OO ํŽธ์ž…์ทจ์†Œ

Advance Service ์„ ๋ณต๋ฌด

Social Service Personnel ์‚ฌํšŒ๋ณต๋ฌด์š”์›

International Cooperation Service Personnel ๊ตญ์ œํ˜‘๋ ฅ๋ด‰์‚ฌ์š”์›

Art and Sports Personnel ์˜ˆ์ˆ ์ฒด์œก์š”์›

Expert Research Personnel ์ „๋ฌธ์—ฐ๊ตฌ์š”์›

Industrial Technical Personnel ์‚ฐ์—…๊ธฐ๋Šฅ์š”์›

International Cooperative Doctor ๊ตญ์ œํ˜‘๋ ฅ์˜์‚ฌ

Public-Service Advocate ๊ณต์ต๋ฒ•๋ฌด๊ด€

Public Health Doctor ๊ณต์ค‘๋ณด๊ฑด์˜์‚ฌ

Doctor Exclusively in Charge of Draft Physical Examination ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์ „๋‹ด์˜์‚ฌ

Onboard Ship Reserve Service ์Šน์„ ๊ทผ๋ฌด์˜ˆ๋น„์—ญ

Alternative Service Personnel ๋Œ€์ฒด๋ณต๋ฌด์š”์›

Others Ban on foreign travel (a person who has stayed in the country for one year or longer) ์ถœ๊ตญ๊ธˆ์ง€(1๋…„์ด์ƒ ๊ตญ๋‚ด์ฒด์žฌ)

Removal of the ban on foreign travel (others)

Jehovah's Witnesses ์—ฌํ˜ธ์™€์˜ ์ฆ์ธ

Departure before age 24 24์„ธ์ด์ „์ถœ๊ตญ

Period of Mandatory Service ์˜๋ฌด๋ณต๋ฌด๊ธฐ๊ฐ„

Exclusion from the Military Service ๊ตฐ๋ณต๋ฌด ์ œ์™ธ๊ธฐ๊ฐ„

Short-term overseas travel ๋‹จ๊ธฐ์—ฌํ–‰

Illegal stay in a foreign country ๊ตญ์™ธ๋ถˆ๋ฒ•์ฒด์žฌ

Violation of duty to obtain permission for overseas travel ๊ตญ์™ธ์—ฌํ–‰ํ—ˆ๊ฐ€์˜๋ฌด์œ„๋ฐ˜

Forces Army ์œก๊ตฐ

Navy ํ•ด๊ตฐ

Air Force ๊ณต๊ตฐ

Marine, Subordinate to ROK Navy ํ•ด๋ณ‘๋Œ€

Expiration date Indefinite ๋ฌด๊ธฐํ•œ

6 Months 6์›”

Type of service Reserve Service ์˜ˆ๋น„์—ญ

Recruit Service ๋ณด์ถฉ์—ญ

Exemption from the Service ๋ฉด์—ญ

Retirement from the Service ํ‡ด์—ญ

Removal from Military Register ๋ณ‘์ ์ œ์ 

Discharge Discharge from Military Service ์ „์—ญ

Discharge from Military Service by Application ์›์— ์˜ํ•œ ์ „์—ญ

Forced Discharge from Military Service ์›์— ์˜ํ•˜์ง€ ์•„๋‹ˆํ•œ ์ „์—ญ

Home on Leave from Military Service ๊ท€ํœด์ „์—ญ

Discharge from Military Service as Woman ์—ฌ๊ตฐ์ „์—ญ

Completion of Service ๋ณต๋ฌด๋งŒ๋ฃŒ

Completion of Service(Release from Call) ๋ณต๋ฌด๋งŒ๋ฃŒ(์†Œ์ง‘ํ•ด์ œ)

Completion of Military Service ๋งŒ๊ธฐ

Age Limit ์—ฐ๋ น์ •๋…„

Disease ์˜๋ณ‘

Domestic Reason ๊ฐ€์‚ฌ์‚ฌ์ •(์˜๊ฐ€์‚ฌ)

Difficulties in Maintaining Household ์ƒ๊ณ„๊ณค๋ž€

An only son ๋…์ž

wounded in action or injured in the line of duty ์ „·๊ณต์ƒ

Emigration ๊ตญ์™ธ์ด์ฃผ

Disqualification ์‹ ๋ถ„์ƒ์‹ค

Exclusion to the Public ์ œ์™ธ

Secession from Military Service ๊ตฐ๋ณต๋ฌด์ดํƒˆ(์‚ญ์ œ)

Removal from the Army Register ๊ตฐ ์ œ์ 

Self-Surrender ์ž์ˆ˜์‹ ๊ณ 

National Land Construction Corps ๊ตญํ† ๊ฑด์„ค๋‹จ

Volunteer Soldier as a Student ํ•™๋„์˜์šฉ๊ตฐ

Military Service Act ๋ณ‘์—ญ๋ฒ•

Enforcement Decree of Military Service Act ๋ณ‘์—ญ๋ฒ•์‹œํ–‰๋ น

Detailed Enforcement Regulation of Military Service Act ๋ณ‘์—ญ๋ฒ• ์‹œํ–‰๊ทœ์น™

Combatant police, etc. Combatant Police Officer ์ „ํˆฌ๊ฒฝ์ฐฐ

Auxiliary Police Officer ์˜๋ฌด๊ฒฝ์ฐฐ

Obligatory Fireman ์˜๋ฌด์†Œ๋ฐฉ

Coast Guard ํ•ด์–‘๊ฒฝ์ฐฐ

Correctional Guard ๊ฒฝ๋น„๊ต๋„

Legal Military service age

The age standard is from January 1 to December 31 of the year of age.

โ– : Age group of Mandatory Military service

โ– : Age group of Mandatory Military service in Wartime

Age Mandatory military service Duty of conscription examination and enlist, etc. Type of service Note

17 or younger Military Manpower Administration takes over the Identity registration data of persons (17-year-old male) who are enrollment to Military Service Registration(Assignment the Preliminary Military Service) in the following year from the Ministry of the Interior, and transmits them to the Local Military Manpower Office.

18 Subject for Mandatory Military service of Peacetime No, but voluntary enlistment possible.

- Assignment the Preliminary Military Service.

- Persons with disabilities registered under the Disabled registration system is Wartime Labor Service or Exemption from Military Service.Note 1

1.Age group subject to Civil Defense Corps under the Framework Act on Civil Defense from the age of 20[17]

2.Subject to a return order from the chief of staff of each military if he desertied while serving on the basis of active duty soldiers.

3.Reserve soldiers and Completed their service Supplementary soldiers in the Age group of Exemption from Duty of conscription examination and enlist, etc.(38 to 40 years old, 38 to 45 years old in Wartime) can be assigned to the Reserve Force according to the Reserve Forces Act on a wartime basis.[18]

19 to 35 All Military service obligators are obligated to Conscription examination and Enlist/Call-up(Passed person from Conscription examination. Active duty is Enlist, Supplementary Service is Call-up) 1.According to the results of the Conscription examination.(Military Disposition. Active duty, Supplementary service, Wartime labor service or Exempted from Military service)

2.When the Mandatory service(Active service) period is completed, they are transferred to reserve service.

36 to 37 1.In the peacetime, General Military service obligators are no Conscription examination and Enlist/Call-up

2.In the peacetime, Military Service Act Violators, Oversea stayer, etc. are obligated to Conscription examination. When disposed of as a Supplementary service, there is an Obligation to convene Public service.

3.In the wartime, All Military service obligators are obligated to enlist as conscription examination and active duty.

1.Same as above.

2.Military Service Act Violators, Overseas stayer, etc. are Subject to Supplementary service, Wartime Labor Service or Exempted from Military service according to the results of the Conscription examination.

38 to 40 In any case, No duty of Conscription Examination and Enlist. Same as above.

41 to 45 1.End of Mandatory Military service from Peacetime(Soldier ranks)

2.Extension of Mandatory Military service from Wartime Exemption from Service for Active Soldiers, Reserve Soldiers, Supplementary Soldiers, Wartime Labor Service in PeacetimeNote 2 Reserve soldiers and Completed their service Supplementary soldiers can be assigned to the Reserve Force according to the Reserve Forces Act on a Wartime basis.

46 or older End of Mandatory Military service from Peacetime and Wartime. Exemption from Service for Active, Reserve, Supplementary Soldiers, Wartime Labor Service in Peacetime and WartimeNote 2 Expanded 50 years of age for the Wartime Civil Defense Corps

Note 1: Some disabled person (mild disabled person). If the disability status of a disabled person changes at the age of 19, or if a reason for the return of the disabled registration card occurs, a Conscription Examination shall be performed.

Note 2:

Republic of Korea Armed Forces soldier (Byeong) ranks

English Korean

Army Navy Air Force Marine Corps

Sergeant Petty Officer Second Class Staff Sergeant Sergeant ๋ณ‘์žฅ

Corporal Petty Officer Third Class Senior Airman Corporal ์ƒ๋“ฑ๋ณ‘

Private First Class Seaman Airman First Class Lance Corporal ์ผ๋“ฑ๋ณ‘

Private Second Class Seaman Apprentice Airman Private First Class ์ด๋“ฑ๋ณ‘

Note 3: Retirement of Officers, Warrant officers, and Noncommissioned officers when they reach retirement age of rank from Military Personnel Management Act.[19]

History of military service age

1971 to 1984

Age Mandatory military service Duty of conscription examination and enlist, etc. Type of service

17 or younger — None. —

18 to 19 Subject for Mandatory Military service of Peacetime Assignment the 1st Citizen Service.

20 to 30 All Military service obligators are obligated to Conscription examination and Enlist/Call-up (Passed person from Conscription examination. Active duty is Enlist, Supplementary Service is Call-up) 1.According to the results of the Conscription examination. (Military Disposition. Active duty, Supplementary service, Wartime labor service or Exempted from Military service)

2.Those who are not Active (Serving), Reserve, or Supplementary Service are the 1st Citizen service.

3.When the Mandatory service (Active service) period is completed, they are transferred to Reserve service.

31 to 35 1.In peacetime, All Military Service Obligators (Including those Military Service Act Violators, Oversea stayer, etc.) are no Conscription examination, Enlist, Supplementary Service Call-up (Exemption from Call)Note 1

2.In the wartime, All Military service obligators are obligated to enlist as conscription examination and active duty. 1.Same as above.

2.The 1st Citizen service that has not been Conscription examination and those Subject to Active Enlist (Subject to draft) who have not been notified of Active draft are transferred to Supplementary service.

36 to 40 In any case, No duty of Conscription Examantion and Enlist.

41 to 45 1.End of Mandatory Military service from Peacetime (Soldier ranks)

2.Extension of Mandatory Military service from Wartime Exemption from Service for Active Soldiers, Reserve Soldiers, Supplementary Soldiers, Wartime Labor Service in PeacetimeNote 2

46 or older End of Mandatory Military service from Peacetime and Wartime. Exemption from Service for Active, Reserve, Supplementary Soldiers, 2nd Citizen Service in Peacetime and WartimeNote 2

Note 1: According to Article 7 of the Military Service Act Addenda in 1971, Military Service Act Violators(Conscription examination or Enlist refusers/dodgers) as of the enforcement year(1971) are obligated to Conscription examination and enlist.[20]

Note 2: Retirement of Officers, Warrant officers, and Noncommissioned officers when they reach retirement age of rank.

1984 to 1993

Age Mandatory military service Duty of conscription examination and enlist, etc. Type of service

17 or younger a 17-year-old person (17-year-old male) must report the incorporation of the 1st Citizen service to the Town mayor or Village Chief. No, But Possible the Voluntary enlist.

18 Subject for Mandatory Military service of Peacetime not enlisted from 1st Citizen Service

19 to 30 All Military service obligators are obligated to Conscription examination and Enlist/Call-up (Passed person from Conscription examination. Active duty is Enlist, Supplementary Service is Call-up) 1.According to the results of the Conscription examination. (Military Disposition. Active duty, Supplementary service, Wartime labor service or Exempted from Military service)

2.Those who are not Active (Serving), Reserve, or Supplementary Service are the 1st Citizen service.

3.When the Mandatory service (Active service) period is completed, they are transferred to Reserve service.

31 to 35 1.In the peacetime, All Military Service Obligators (Including those Military Service Act Violators, Oversea stayer, etc.) are no Conscription examination, Enlist, Supplementary Service Call-up (Exemption from Call)

2.In the wartime, All Military service obligators are obligated to enlist as conscription examination and active duty. 1.Same as above.

2.The 1st Citizen service that has not been Conscription examination and those Subject to Active Enlist (Subject to draft) who have not been notified of Active draft are transferred to Supplementary service.

36 to 40 In any case, No duty of Conscription Examantion and Enlist.

41 to 45 1.End of Mandatory Military service from Peacetime (Soldier ranks)

2.Extension of Mandatory Military service from Wartime Exemption from Service for Active Soldiers, Reserve Soldiers, Supplementary Soldiers, Wartime Labor Service in PeacetimeNote

46 or older End of Mandatory Military service from Peacetime and Wartime. Exemption from Service for Active, Reserve, Supplementary Soldiers, 2nd Citizen Service in Peacetime and WartimeNote

Note: Retirement of Officers, Warrant officers, and Noncommissioned officers when they reach retirement age of rank.

1994 to 2010

Age Mandatory military service Duty of conscription examination and enlist, etc. Type of service

17 or younger a 17-year-old person (17-year-old male) must report the incorporation of the 1st Citizen service to the Town mayor or Village Chief. (Before February 5, 1999)

Military Manpower Administration takes over the Identity registration data of persons (17-year-old male) who are enrollment to Military Service Registration (Assignment the Preliminary Military Service) in the following year from the Ministry of the Interior, and transmits them to the Local Military Manpower Office. (After February 5, 1999)

18 Subject for Mandatory Military service of Peacetime No, but voluntary enlistment is possible. Assignment the 1st Citizen Service.

Persons with disabilities registered under the Disabled registration system is Wartime Labor Service or Exemption from Military Service.

19 to 30 All Military service obligators are obligated to Conscription examination and Enlist/Call-up (Passed person from Conscription examination. Active duty is Enlist, Supplementary Service is Call-up) 1.According to the results of the Conscription examination. (Military Disposition. Active duty, Supplementary service, Wartime labor service or Exempted from Military service)

2.When the Mandatory service (Active service) period is completed, they are transferred to reserve service.

31 to 35 1.In the peacetime, General Military service obligators are no Conscription examination and Enlist/Call-up

2.In the peacetime, Military Service Act Violators, Oversea stayer, etc. are obligated to Conscription examination. When disposed of as a Supplementary service, there is an Obligation to convene Public service.

3.In the wartime, All Military service obligators are obligated to enlist as conscription examination and active duty.

1.Same as above.

2.Military Service Act Violators, Overseas stayer, etc. are Subject to Supplementary service, Wartime Labor Service or Exempted from Military service according to the results of the Conscription examination.

38 to 40 In any case, No duty of Conscription Examination and Enlist. Same as above.

41 to 45 1.End of Mandatory Military service from Peacetime (Soldier ranks)

2.Extension of Mandatory Military service from Wartime Exemption from Service for Active Soldiers, Reserve Soldiers, Supplementary Soldiers, Wartime Labor Service in PeacetimeNote

46 or older End of Mandatory Military service from Peacetime and Wartime. Exemption from Service for Active, Reserve, Supplementary Soldiers, Wartime Labor Service in Peacetime and WartimeNote

Note: Retirement of Officers, Warrant officers, and Noncommissioned officers when they reach retirement age of rank.

Determination criteria of physical grades

There are seven physical grades. Grade name is I, II, III, IV, V, VI and VII. Before 1984 grades name is A, B (respectively B-I, B-II, B-III), C, D and E

Before 1984 After 1984

Name Korean Name Korean

Grade A ๊ฐ‘์ข… Grade I 1๊ธ‰

Grade B-I ์ œ1์„์ข… Grade II 2๊ธ‰

Grade B-II ์ œ2์„์ข… Grade III 3๊ธ‰

Grade B-III ์ œ3์„์ข… Grade IV 4๊ธ‰

Grade C ๋ณ‘์ข… Grade V 5๊ธ‰

Grade D ์ •์ข… Grade VI 6๊ธ‰

Grade E ๋ฌด์ข… Grade VII 7๊ธ‰

I, II, III and IV is Accepted, and grades V, VI and VII is Rejected.

The criteria for determining the physical grade shall be in accordance with Attached form 2 and 3 of the "Rules for examination of Conscription Physical Examination, etc.(๋ณ‘์—ญํŒ์ • ์‹ ์ฒด๊ฒ€์‚ฌ ๋“ฑ ๊ฒ€์‚ฌ๊ทœ์น™ [ko])" Attached form 2 sets the criteria for determining height and weight. Attached form 3 is the evaluation criteria for diseases and mental and physical disabilities, which vary from year to year.

In the following criteria, diseases and mental and physical disabilities are described mainly as representative or known.

Physical grades Accepted or Rejected Standards[21] Type of military service[22]

I Accepted Physical and Psychological constitution is healthy, and can serve in active duty or supplementary service.

Active duty, Supplementary service, and Wartime labor service based on Qualifications (Educational background, Age, etc.)

2

3

4

5 Rejected Those incapable of entering active or supplementary service, but capable of entering the wartime labor service Wartime labor service

6 Those incapable of performing military service due to disease or mental or physical disorder Exempted from Military service

7 In the case where grades I, II, III, IV, V, VI cannot be received due to Disease or Mental and Physical disability Subject to Rephysical examination

Physical grade Height (centimeters), weight (BMI) Disease or disabled

I

Height 161๏ฝž203.9 cm๏ผšBMI20.0๏ฝž24.9

A completely healthy person without illness or physical disability

Those in good condition after treatment of acute infectious diseases

II

Height 161๏ฝž203.9 cm๏ผšBMI18.5๏ฝž19.9ใƒปBMI25.0๏ฝž29.9

Allergic rhinitis

III

Height 159๏ฝž160 cm๏ผšBMI16.0๏ฝž34.9

Height 161๏ฝž203.9 cm๏ผšBMI16.0๏ฝž18.4, BMI30.0๏ฝž34.9

Hepatitis B carrier

Conservative treated or Operated PneumothoraxNote 1

Mental disease

Minor, Mild Depression

Minor, Mild Obsessive-compulsive disorder

Several Developmental Disability (ADHD, Learning Disability)

IV

Height 146๏ฝž158 cm

Height 159๏ฝž203.9 cm: Below BMI16.0 and BMI35.0 or Over

Height 204 cm or Over

Case of endoscopic surgery with either Early gastric cancer, Early colorectal cancer, or Carcinoid

Prodrome of Skin malignant tumor(Giant acromegaly condyloma, Bowen disease), Basal cell carcinoma

Mental disease

Borderline intellectual functioning

Mild Autism Spectrum Disorder (High-functioning Autism, Asperger Syndrome, PDD-NOS without Intellectual Disability)

V

Height 140.1๏ฝž145 cm

Mental disease

Schizophrenia

Gender dysphoria

Mild Intellectual Disability

Autism Spectrum Disorder without Intellectual Disability (High-functioning Autism, Asperger Syndrome, PDD-NOS without Intellectual Disability)

VI

Height 140 cm or Below

Malignant tumor (Cancer)

Metastasized skin cancer

Bone cancer

HIV carrier

Hansen's Disease (Leprosy)

Mental disease

Schizophrenia with Personality devastated

Moderate, Severe and Profound Intellectual Disability

Autism Spectrum Disorder with Intellectual Disability (Low-functioning autism, Childhood disintegrative disorder)

VII

Note 1: Surgery due to pneumothorax is Grade V in 1992.

Disposition for military service by educational background and physical grade

According to Article 14 of the Military Service Act, grades I to IV are based on qualifications (education, age, etc.) and are subject to active service, supplementary, wartime workers, Grade V exemptions, Grade VI exemptions, and Grade VII medical examinations. The criteria for disposing of active duty or supplementary officers in grades I to IV are determined by the Military Manpower Administration's announcement (annual announcement of conscription inspection). According to the announcement, the criteria for military service are as follows.

Active duty (ํ˜„์—ญ, Subject to Enlist for Active duty. Subject to Draft)

Mix of active and supplementary

Supplementary service (๋ณด์ถฉ์—ญ)

Wartime labor service (์ „์‹œ๊ทผ๋กœ์—ญ)[23]

Exempted from Military service (๋ณ‘์—ญ๋ฉด์ œ)

Subject to Physical Reexamination (์žฌ๊ฒ€์‚ฌ๋Œ€์ƒ)

Disposition for military service by educational background and physical grade (after 2021)

Educational background Physical grade

I II III IV V VI VII

Regardless Active duty Supplementary service Wartime Labor Service Exempted from Military service Subject to Physical reexamination

History of disposition for military service

1950s to 1969

Before the 1970s, the criteria for disposition of active duty and supplementary military service cannot be confirmed due to lack of data at the time.[24]

in 1950 to 1955

1950: It was the first year in the Republic of Korea that the Conscription was implemented. At that year, due to the limitation of 100,000 troops by the Korean military, the conscription system and Conscription Examination were suspended. However, in June of the same year, when the Korean War broke out, there was an unofficial conscription.

1952: As the Conscription system was Implemented again, Conscription Examination began again.

Educational

background Physical grade

A B-I B-II C D E

Regardless Accepted (Active duty, 1st Supplementary service, 2nd Supplementary service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1956

Educational background Physical grade

A B-I C D E

Regardless Accepted (Active duty, 1st Supplementary military service, 2nd Supplementary military service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1957

The supplementary military service was abolished by the enforcement of the revised Military Service Act from August 1957.[25]

Educational background Physical grade

A B-I B-II C D E

Regardless Accepted

(Active duty, 1st Supplementary military service, 2nd Supplementary military service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1958 to 1960

On February 24, 1958, there were Re-examination measures after canceling the judgment on 45,000 Grade C judges in the 1950 to 1957 Conscription examination.

Educational background Physical grade

A B-I B-II B-III C D E

Regardless Accepted (Active duty) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1961

There was a physical examination of public officials who were judged to be Grade C.

In 1961, there was a physical examination of 128,422 embroidered persons who reported between June 21 and June 30, which was set as the period for reporting embroidery of those who failed to serve in the military.

Educational background Physical grade

A B-I B-II C D E

Regardless Accepted (Active duty) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1962

Those born on or after January 1, 1930, who have been punished for active service under the Military Service Act enacted before October 1, 1962, and who have not joined the army, will be transferred to the 1st supplementary role and will be supplemented. (Except for those who joined the National Land Construction Team(๊ตญํ† ๊ฑด์„ค๋‹จ [ko]) in 1961.)

Educational background Physical grade

A B-I B-II B-III B-IV B-V C D E

Regardless Accepted (Active duty)

(After Oct, 1st 1962, Active duty, 1st Supplementary service, 2nd Supplementary service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1963 to 1969

Among those who were examined for conscription in 1962, those who were judged to be Grade B4 and B5 were transferred to Grade C and converted to 2nd Citizen service.

Educational background Physical grade

A B-I B-II B-III C D E

Regardless Accepted (Active duty, 1st Supplementary service, 2nd Supplementary service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

After 1970s

1970

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout

Elementary school Graduated

Elementary school Dropout or less Active duty Supplementary service

1971

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout Active duty Supplementary service

Elementary school Graduated

Elementary school Dropout or less Active duty Supplementary service

1972

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout

Elementary school Graduated

Elementary school Dropout or less Active duty Supplementary service

1973

Middle school Graduated or more

Grade A, B-I, B-II: Active duty

Grade B-III: Supplementary service

Elementary school Graduated or more, Middle school Dropout or less

Grade A: Active duty

Grade B-I, B-II, B-III: Supplementary service

Elementary school Dropout or less: 2nd Citizen service

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout Active duty Supplementary service

Elementary school Graduated

Elementary school Dropout or less 2nd Citizen service

1974 to 1976

College attending or more

Grade A, B-I, B-II: Active duty

Grade B-III: Supplementary service

Middle school Graduated or more, High school Dropout or less

Grade A, B-I: Active duty

Grade B-II, B-III: Supplementary service

Elementary school Graduated or more, Middle school Dropout or less

Grade A: Active duty

Grade B-I, B-II, B-III: Supplementary service

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Graduated

Middle school Graduated

Middle school Dropout Active duty Supplementary service

Elementary school Graduated

Elementary school Dropout or less 2nd Citizen service

1977 to 1979

College attending or more

Grade A, B-I, B-II, B-III: Active duty

High school Graduated or less

Grade A, B-I: Active duty

Grade B-II, B-III: Supplementary service

Middle school Dropout or less: 2nd Citizen service

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1980 to 1983

College attending or more

ใ€€Grade A, B-I, B-II: Active duty

ใ€€Grade B-III: Supplementary service

High school Graduated or less

ใ€€Grade A: Active duty

ใ€€Grade B-I, II, III: Supplementary service

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1984

In 1984, Change of Physical Grade Name.

Before 1984 After 1984

Name Korean Name Korean

A ๊ฐ‘์ข… I 1๊ธ‰

B-I ์ œ1์„์ข… II 2๊ธ‰

B-II ์ œ2์„์ข… III 3๊ธ‰

B-III ์ œ3์„์ข… IV 4๊ธ‰

C ๋ณ‘์ข… V 5๊ธ‰

D ์ •์ข… VI 6๊ธ‰

E ๋ฌด์ข… VII 7๊ธ‰

College attending or more

ใ€€Grade I, II, III: Active duty

ใ€€Grade IV: Supplementary service

High school Graduated

ใ€€Grade I, II: Active duty

ใ€€Grade III, IV: Supplementary service

High school Dropout or less

ใ€€Grade I: Active duty

ใ€€Grade II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Dropout Active duty Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1985

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated Active duty Supplementary service

Middle school Dropout or less 2nd Citizen service

1986

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated Active duty Supplementary service

Middle school Dropout or less 2nd Citizen service

1987

High school Graduated or more

ใ€€Grade I, II: Active duty

ใ€€Grade III, IV: Supplementary service

High school Dropout or less

ใ€€Grade I: Active duty

ใ€€Grade II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Active duty Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1988 to 1991

1988: Skipped Conscription Examination of Elementary school Graduated or less

1989: Those aged 25 or older among those graduating from High school will be converted to Supplementary service.

June 1, 1991: High school graduates who are 162 centimeters or less, high school graduates and those who are above university students, and who are Grade II (and III, IV) due to myopia of ophthalmology, will be converted to Supplementary service. (A person who was Conscription examined from 1990)

November 15, 1991: Those who graduated from high school and a Physical grade II will be converted to Supplementary service. (A person who was Conscription examined from 1991)

January 1, 1992: Middle school Dropout or less is Supplementary service. (Exemption from Call of Bangwi)

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1992

Middle school Graduated or more, Physical grade I, II, III, IV: Active duty. But, on October 30 of the same year, it was changed as follows:

High school Graduated or more, Physical grade III, IV: converted to Supplementary service

High school Dropout or less, Physical grade I, II, III, IV: converted to Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1993

High school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

High school Dropout and Middle school Graduated with Grade I, II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1994

High school Graduated or more with Grade I, II, III, IV: Active duty

High school Dropout

Grade I: Active duty

Grade II, III, IV: Supplementary service

Middle school Graduated with Grade I, II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Active duty Supplementary service

Middle school Graduated Supplementary service

Middle school Dropout or less 2nd Citizen service

1995 to 1996

High school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Those who graduated from middle school and a Physical grade I, II, III, IV will be converted to Supplementary service from 1996

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1997

High school Dropout or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Middle school Graduated

Grade I, II, III, IV: Supplementary service

High school Dropout with Physical grade III: converted to Supplementary service from June 2, 1997

High school Dropout with Physical grade II: converted to Supplementary service from January 1, 1998

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated Supplementary service

Middle school Dropout or less 2nd Citizen service

1998 to 2003

High school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Middle school Graduated, High school Dropout

Grade I, II, III, IV: Supplementary service

1999 to 2011

Skipped Conscription Examination with Transferred the 2nd Citizen service of Middle school Dropout or less in 1999 to 2011

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

2004

Middle school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

2005

College attending or more with Grade I, II, III, IV: Active duty

Middle school Graduated and High school Dropout

Grade I, II, III: Active duty

Grade IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

2006 to 2011

Middle school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

2012 to 1st half of 2015

Middle school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Middle school Dropout or less with Physical Grade I, II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less Supplementary service

External links

(in Korean) Public Notice of Draft examination in 2014(Military Manpower Administration Public Notice No. 2014-2)

2nd half of 2015 to 2020

High school Graduated or more

Grade I, II and III: Active duty

Grade IV: Supplementary service

High school Dropout of less with Physical grade I, II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service Wartime Labor Service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout or less Supplementary service

External links

(Korean) Public Notice of Draft examination in 2016(Military Manpower Administration Public Notice No. 2016-3)

(Korean) Public Notice of Draft examination in 2017(Military Manpower Administration Public Notice No. 2017-1)

(Korean) Public Notice of Draft examination in 2018(Military Manpower Administration Public Notice No. 2018-1)

(Korean) Public Notice of Draft examination in 2019(Military Manpower Administration Public Notice No. 2019-1)

(Korean) Public Notice of Draft examination in 2020(Military Manpower Administration Public Notice No. 2020-1)

Service types and length

Grade 1, 2, 3 and 4: those are suitable for military service (ํ˜„์—ญ)

The length of compulsory military service in South Korea varies based on military branch.[26][unreliable source?] Active duty soldiers serve 1 year 6 months in the Army or Marine Corps, 1 year 8 months in the Navy, or 1 year 9 months in the Air Force.[27] After conscripts finish their military service, they are automatically placed on the reserve roster and are obligated to attend 3 days of annual military training for 6 years[citation needed] (5 years from 2021).

Non-active duty personnel, or "supplemental service" personnel serve for various lengths: 1 year 9 months for social work personnel (better known as public service workers - personnel ordered to do public service work at places that require auxiliary workers such as local community centers like city halls, government agencies, and public facilities like subway stations);[28] 2 years 10 months for arts and sports personnel or industrial technical personnel; and 3 years for public health doctors, lawyers, veterinarians, or expert researchers.[29]

In 2010, there was growing public pressure to either shorten the length of conscription or to switch to voluntary military service, and calls from experts for a gradual phasing out of conscription rather than complete abolition.[30] However, in December 2010, after taking into consideration of the 2010 ROKS Cheonan sinking and Bombardment of Yeonpyeong incidents, the South Korean government said it would not reduce service periods.[31]

Grade 4: those are unsuitable for military service

Art and sports personnel

Artists and players who have won government accredited competitions are allowed to work as 'Art and Sports Personnel'. After a month of military training, Art and Sports Service agents work through their specialties to finish their military services; e.g. in professional sports teams, art galleries, museums or orchestra bands. Unlike other service agents who are working at factories, farms, universities, institutes or nursing homes, Art and Sports Service agents are allowed to work abroad.[citation needed]

Former president Park Chung Hee introduced exemptions for athletes in 1973 to win more medals for the country; some historians believe this also served as a distraction against the government's unpopularity.[32] After winning a gold medal at the 1976 Summer Olympics, wrestler Yang Jung-mo was granted the first exemption. In the 1980s, president Chun Doo-hwan promised exemptions to any athlete who won a medal of any kind at either the 1986 Asian Games or the 1988 Summer Olympics.[32]

When South Korea co-hosted the FIFA World Cup in 2002, their national football team was guaranteed an exemption if they reached the round of 16; the same promise was made to the national baseball team in 2006 if they reached the semifinals of the World Baseball Classic. Public outrage ensued, and similar exemptions have been rarely granted since.[32]

Current conscription regulations stipulate that athletes who win medals in the Olympic Games or gold medals in the Asian Games are granted exemptions from military service and are placed in Grade 4.[33] They are required to do four weeks of basic military training and engage in sports field for 42 months. After that, they are automatically placed on the reserve roster, and are obligated to attend a few days of annual military training for six years. In practice, after athletes finish their four weeks of basic military training, they are able to continue their own sports career during the 34 months of duty.[34]

The policy has resulted in coaches being accused of selecting players desperate to avoid military service instead of choosing the best athletes. Parents encourage their children to pursue sports in hopes of them receiving an exemption.[32]

Notable athletes who have been granted exemptions from military service are the bronze medal-winning men's football team at the 2012 Summer Olympics,[35][36] 2008 Olympic gold medalist badminton player Lee Yong-dae,[37] swimmer Park Tae-hwan,[38][39] 2014 Asian Games gold medalist tennis player Chung Hyeon,[40] 2018 Asian Games gold medalist footballer Son Heung-min, and 2018 Asian Games gold medalist baseball player Lee Jung-hoo.

Esports players were not exempt from conscription until 2023, when esports became a regular event at the 2022 Asian Games.[41][failed verification] Because esports had become a medal event in these games, it became possible for players to be exempt from conscription, so long as they won a gold medal in the games. The gold medal-winning roster of the country's national esports team became the first players to be granted the exemption.[42]

A total of 220 exemptions were granted from 2008 to 2018.[32]

Exemptions are also granted to classical musicians and ballet performers who win first place in stipulated international-level competitions. A two-year extension for notable K-pop artists (from a law that was passed in December 2020) could also be given by government for their career, the age for joining military is 30 (which previously was 28). Some resources and media outlets claim that the primary reason for this amendment was singer-songwriter Jin, who, at the time, was about to turn 28.[43][44] As his group BTS has had a huge impact (especially in the music industry) worldwide and contributed greatly to the spread of Korean culture and the Hallyu Wave, exemptions for them were in talks for a few years.[45][46] Despite this, BTS' record label, Big Hit Music, announced on October 17, 2022, that Jin withdrew his enlistment deferral request and will be the first in the group to enter into mandatory military service, with other members of BTS to be enlisted on a later date.[47]

Conscientious objection

The right to conscientious objection was not recognized in South Korea until recently. Over 400 men were typically imprisoned at any given time for refusing military service for political or religious reasons in the years before right to conscientious objection was established.[48]

On 28 June 2018, the South Korean Constitutional Court ruled the Military Service Act unconstitutional and ordered the government to accommodate civilian forms of military service for conscientious objectors.[49] Later that year on 1 November 2018, the South Korean Supreme Court legalized conscientious objection as a basis for rejecting compulsory military service.[50]

Salary and benefits

Salary per month in 2017[51]

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ163,000

โ‚ฉ176,400

โ‚ฉ195,500

โ‚ฉ216,000

Salary per month in 2018

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ306,100

โ‚ฉ331,300

โ‚ฉ366,200

โ‚ฉ405,700

Salary per month in 2019

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ306,100

โ‚ฉ331,300

โ‚ฉ366,200

โ‚ฉ405,700

Salary per month in 2020

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ408,100

โ‚ฉ441,700

โ‚ฉ488,200

โ‚ฉ540,900

Salary per month in 2021

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ459,100

โ‚ฉ496,900

โ‚ฉ549,200

โ‚ฉ608,500

Salary per month in 2022

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ510,100

โ‚ฉ552,100

โ‚ฉ610,200

โ‚ฉ676,100

Salary per month in 2023

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ600,000

โ‚ฉ680,000

โ‚ฉ800,000

โ‚ฉ1,000,000

Equipment

The Ministry of National Defense has revealed that it failed to provide sneakers to 7,411 recruits who joined the military from 22 May to 4 June 2012, after the budget was insufficient for need. The Defense ministry originally projected the cost of each pair of sneakers to be 11,000 KRW. However, the actual cost turned out to be 15,000 KRW.[52]

The office of National Assembly member Kim Kwang-jin of Democratic United Party revealed that cadets in Korea Military Academy were provided with sneakers worth 60,000 KRW and tennis shoes. Cadets in Korea Army Academy at Yeongcheon were provided with sneakers worth 64,250 KRW, in addition to running shoes and soccer shoes.[53]

Dual citizens

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[54] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[55] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[56]

Racial minorities

In 2011, the government dropped race-based requirements for mix-raced Korean nationals conscripted into the armed forces.[57] However, there currently is no law allowing non-ethnic Korean citizens conscription into the armed forces. All naturalized citizens and citizens not of partial Korean ethnicity have a choice of whether to enlist or not.

Controversies

Violation of Forced Labour Convention

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[58] However, ILO defines conscription of non-military purpose as forced labour.[59]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. A majority (+90%) of the "Reserve - class 4 -" group work as "social service agents" (์‚ฌํšŒ๋ณต๋ฌด์š”์›), and earn far less than the minimum legal wage at various fields, including government offices, subway stations, tax offices, post offices, and sanitaria.[58]

In April 2021, South Korea ratified the Forced Labour Convention, but conscription remained in place. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4" now have the right to decide their methods of conscription between soldiers with active duty and "social service agents".[58] However, ILO continues to argue that enforcing "reserve - class 4-" to work as a "social service agent" is a violation of the Forced Labour Convention.[58]

Hazing

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

In recent years, the South Korean government has been preparing a policy to lower conscription standards for mental and physical conditions that were previously considered exempt, in light of concerns that the country's low birthrate will lead to fewer conscripts; South Korea had the lowest fertility rate in the world in both 2020 and 2021.[60] Experts have stated that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[61]

Draft evasion

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[62][63] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[64][65] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[66] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. He had already obtained U.S. permanent residency and, in order to evade military service, went to Los Angeles, where he acquired citizenship within two months, subsequently renouncing his Korean nationality. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[67] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[68] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[69] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[70] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[71]

See also

flag South Korea portal

Forced Labour Convention

Supplementary service in South Korea

Social service agent

Conscription in North Korea

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#49248894)



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Date: September 9th, 2025 9:04 PM
Author: sick love of her life

Conscription in South Korea

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First conscription examination, conducted on 16 December 1949 after liberation from Japan's colonial rule

Conscription

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1780 caricature of a press gang

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Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male citizen of the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

Enlistment and impairment-disability evaluation

By law, when a South Korean man turns 18 years old, he is enlisted for "first citizen service," meaning he is liable for military duty, but is not yet required to serve.[10][11] When he turns 19 years old (or, in some instances, 20 years old), he is required to undergo an Impairment & Disability evaluation to determine whether he is suitable for military service. The table below shows the evaluation's possible grades and their outcomes, according to the Military Service Act.[12] Men must enlist by the time they turn 28.[13]

Grade Description Outcome

1, 2, 3 "Those whose physical and psychological constitution is healthy enough to perform actively in army." "To be enlisted for active duty service, supplemental service or the second citizen service, based on their qualifications, such as educational background and age."

4 "Those whose physical and psychological constitution is not so healthy for active training but capable of doing supplemental service for civilians as replacements

(This is a common grade for people with minor disabilities)."

"To be enlisted for supplemental service or the second citizen service, based on their qualifications, such as educational background and age."

5 "Those incapable of entering active or supplemental service, but capable of entering the second citizen service

(This is a common grade for people with disabilities)."

"To be enlisted for the second citizen service."

6 "Those incapable of performing military service due to any disease or mental or physical incompetence

(This is a common grade for people with severe disabilities)."

"To be exempted from military service."

7 "Those unable to be graded...due to any disease or mental or physical incompetence." "To undergo a follow-up physical examination" within two years.

Term of South Korea military service

Areas Notation of military service relevant regulation Commonly used terms Meaning

English Korean English Korean

Conscription examination Draft Physical Examination ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ

์ง•๋ณ‘๊ฒ€์‚ฌ

์ง•๋ณ‘์‹ ์ฒด๊ฒ€์‚ฌ Conscription Examination

Military Service Judgment Examination

Physical Examination(PE) ์ง•๋ณ‘๊ฒ€์‚ฌ

๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ

์‹ ์ฒด๊ฒ€์‚ฌ(์‹ ๊ฒ€)

Physical Grade ์‹ ์ฒด๋“ฑ๊ธ‰

์‹ ์ฒด๋“ฑ์œ„ Physical Grade ์‹ ์ฒด๋“ฑ๊ธ‰

Grade I

Grade II

Grade III

Grade IV

Grade V

Grade VI

Grade VII 1๊ธ‰

2๊ธ‰

3๊ธ‰

4๊ธ‰

5๊ธ‰

6๊ธ‰

7๊ธ‰ Grade 1

Grade 2

Grade 3

Grade 4

Grade 5

Grade 6

Grade 7 1๊ธ‰

2๊ธ‰

3๊ธ‰

4๊ธ‰

5๊ธ‰

6๊ธ‰

7๊ธ‰

— ๊ฐ‘์ข…

์ œ1์„์ข…

์ œ2์„์ข…

์ œ3์„์ข…

๋ณ‘์ข…

์ •์ข…

๋ฌด์ข… Grade A

Grade B-1

Grade B-2

Grade B-3

Grade C

Grade D

Grade E ๊ฐ‘์ข…

1์„์ข…

2์„์ข…

3์„์ข…

๋ณ‘์ข…

์ •์ข…

๋ฌด์ข… Physical grades names from Before 1984

- Disposition for military service

- Type of service Preliminary Military Service

First militia Service

First Citizen Service ๋ณ‘์—ญ์ค€๋น„์—ญ

์ œ1๊ตญ๋ฏผ์—ญ Preliminary Military Service

1st Citizen Service ๋ณ‘์—ญ์ค€๋น„์—ญ

์ œ1๊ตญ๋ฏผ์—ญ

Active Service ํ˜„์—ญ Active ํ˜„์—ญ

Reserve Service ์˜ˆ๋น„์—ญ Reserve Service ์˜ˆ๋น„์—ญ

Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ

Supplementary Service

Supplemental Service

Recruit Service ๋ณด์ถฉ์—ญ Supplementary Service ๋ณด์ถฉ์—ญ

Wartime labor service

Second militia Service

Second Citizen Service ์ „์‹œ๊ทผ๋กœ์—ญ

์ œ2๊ตญ๋ฏผ์—ญ Exemption from Military Service in Ordinary time

Exemption from Ordinary time ํ‰์‹œ๋ณ‘์—ญ๋ฉด์ œ

ํ‰์‹œ๋ฉด์ œ

Exemption from Military service ๋ณ‘์—ญ๋ฉด์ œ Exemption from All Military Service

All exemption ๋ณ‘์—ญ์™„์ „๋ฉด์ œ

์™„์ „๋ฉด์ œ

Removal from Military Register ๋ณ‘์—ญ์ œ์  Exemption from All Military Service by Criminal record

All exemption from Criminal record ์ „๊ณผ์— ์˜ํ•œ ๋ณ‘์—ญ์™„์ „๋ฉด์ œ

์ „๊ณผ์— ์˜ํ•œ ์™„์ „๋ฉด์ œ

์ „๊ณผ๋กœ ๋ณ‘์—ญ์™„์ „๋ฉด์ œ

์ „๊ณผ๋กœ ์™„์ „๋ฉด์ œ In the case of being sentenced to more than 6 years in prison under the ROK Military service act, it was Removal from Military service registration.[14]

Disposition for subject to active duty, service, etc. Enlisted in Active Service ํ˜„์—ญ์ž…์˜๋Œ€์ƒ Active duty

Subject to Enlist

Subject to Conscription

Subject to Draft ํ˜„์—ญ๋Œ€์ƒ

ํ˜„์—ญ์ž…์˜๋Œ€์ƒ

์ง•๋ณ‘๋Œ€์ƒ

Called for Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ์†Œ์ง‘๋Œ€์ƒ Subject to Called for Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ์†Œ์ง‘๋Œ€์ƒ

Disposition for subject to supplementary service callup, service, etc. Called for Defense ๋ฐฉ์œ„์†Œ์ง‘๋Œ€์ƒ Called for Defense ๋ฐฉ์œ„์†Œ์ง‘๋Œ€์ƒ Defense Call-up(Defense soldier call-up) is classified as a supplementary service from 1969 to 1994. It was in the form of commuting from home to Military unit(or Police station, Police box, Conscription part of Town office).

— ๋ฐฉ์œ„๋ณ‘ Defense Soldier ๋ฐฉ์œ„๋ณ‘

Called for Public Interest Service ๊ณต์ต๊ทผ๋ฌด์š”์›์†Œ์ง‘๋Œ€์ƒ Called for Public Service ๊ณต์ต๋ณต๋ฌด์š”์› ์†Œ์ง‘๋Œ€์ƒ

Called for Social Service ์‚ฌํšŒ๋ณต๋ฌด์š”์›์†Œ์ง‘๋Œ€์ƒ Called for Social Service ์‚ฌํšŒ๋ณต๋ฌด์š”์› ์†Œ์ง‘๋Œ€์ƒ

Public interest service Personnel ๊ณต์ต๊ทผ๋ฌด์š”์› Social Service Personnel ๊ณต์ต๊ทผ๋ฌด์š”์›

Social Service Personnel ์‚ฌํšŒ๋ณต๋ฌด์š”์› Social Service Personnel ์‚ฌํšŒ๋ณต๋ฌด์š”์›

Certificate of Military Registration

Certificate of Military Registration data notation[15][16]

English Korean

Name Hong Gil-dong ํ™ ๊ธธ๋™

Kim Han-guk ๊น€ ํ•œ๊ตญ

Birth date 12 Mar. 1979 790312

28 Mar. 2001 2001. 3.28

Physical grade Grade I, II, III, IV, V, VI, VII 1, 2, 3, 4, 5, 6, 7๊ธ‰

Draft Physical Examination Omitted ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์ƒ๋žต

Disposition for military service Preliminary Military Service ๋ณ‘์—ญ์ค€๋น„์—ญ

Subject to Draft Physical Examination ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ๋Œ€์ƒ

Active Service ํ˜„์—ญ

Enlisted in Active Service ํ˜„์—ญ๋ณ‘์ž…์˜๋Œ€์ƒ

Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ

Called for Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ์†Œ์ง‘๋Œ€์ƒ

Supplementary Service ๋ณด์ถฉ์—ญ

Called for Social Service ์‚ฌํšŒ๋ณต๋ฌด์š”์›์†Œ์ง‘๋Œ€์ƒ

Alternative Service ๋Œ€์ฒด์—ญ

Called for alternative service ๋Œ€์ฒด๋ณต๋ฌด์š”์›์†Œ์ง‘๋Œ€์ƒ

Reserve Service ์˜ˆ๋น„์—ญ

Subject to Follow-up Physical Examination ์žฌ์‹ ์ฒด๊ฒ€์‚ฌ๋Œ€์ƒ

Wartime Labor Service ์ „์‹œ๊ทผ๋กœ์—ญ

Exemption from Military Service ๋ณ‘์—ญ๋ฉด์ œ

Removal from Military Register ๋ณ‘์ ์ œ์ (6๋…„์ด์ƒ์ˆ˜ํ˜•)

Reason of disposition An only son ๋…์ž

Wounded in action or injured in the line of duty ์ „·๊ณต์ƒ

(Family member) wounded in action or injured in the line of duty (๊ฐ€์กฑ)์ „·๊ณต์ƒ

Difficulties in Earning a Livelihood ์ƒ๊ณ„์œ ์ง€๊ณค๋ž€

Not Completing Middle School ์ค‘ํ•™๊ต ์ค‘ํ‡ด์ดํ•˜

Long-term Waiting ์žฅ๊ธฐ๋Œ€๊ธฐ

Emigration ๊ตญ์™ธ์ด์ฃผ(์ด๋ฏผ)

Acquisition of the Permanent Residence Right ์˜์ฃผ๊ถŒ์ทจ๋“

Loss of nationality ๊ตญ์ ์ƒ์‹ค

Thirty-one years of age or older 31์„ธ์ด์ƒ

Thirty-six years of age or older 36์„ธ์ด์ƒ

Remaining in Physical Grade VII for one year or longer 7๊ธ‰1๋…„์ด์ƒ

Remaining in Physical Grade VII for two year or longer 7๊ธ‰2๋…„์ด์ƒ

Naturalization ๊ท€ํ™”

Multiracial child ํ˜ผํ˜ˆ์•„

Serving a sentence ์ˆ˜ํ˜•

Child born out of wedlock ํ˜ผ์ธ์™ธ ์ถœ์ƒ์ž

Excluded from the Public ์ œ์™ธ

Immigrated from the North of the Military Demarcation Line ๊ตฐ์‚ฌ๋ถ„๊ณ„์„  ์ด๋ถ์ง€์—ญ์—์„œ ์ด์ฃผ

Boot camp Army Recruit Training Center ์œก๊ตฐ ํ›ˆ๋ จ์†Œ

OO Replacement Center OO ๋ณด์ถฉ๋Œ€

OO Division OO ์‚ฌ๋‹จ

Draft examination Postponement of Draft Physical Examination (Studying Abroad) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(์œ ํ•™)

Postponement of Draft Physical Examination (Seafarer) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(์„ ์›)

Postponement of Draft Physical Examination (Residing Abroad) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(๊ตญ์™ธ์ด์ฃผ)

Postponement of Draft Physical Examination (Emigration) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(๊ตญ์™ธ๊ฑฐ์ฃผ)

Postponement of Draft Physical Examination (In Prison) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(์žฌ๊ฐ)

Evasion of Draft Physical Examination ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ ๊ธฐํ”ผ

Enlist of active Postponement of Conscription (Student) ์ž…์˜์—ฐ๊ธฐ(์žฌํ•™์ƒ)

Postponement of Conscription (Studying Abroad) ์ž…์˜์—ฐ๊ธฐ(์œ ํ•™)

Postponement of Conscription (Residing Abroad) ์ž…์˜์—ฐ๊ธฐ(๊ตญ์™ธ๊ฑฐ์ฃผ)

Postponement of Conscription (Emigration) ์ž…์˜์—ฐ๊ธฐ(๊ตญ์™ธ์ด์ฃผ)

Postponement of Conscription (Training in Research Institute) ์ž…์˜์—ฐ๊ธฐ(์—ฐ์ˆ˜)

Postponement of Conscription (Outstanding Athlete) ์ž…์˜์—ฐ๊ธฐ(์šฐ์ˆ˜์—ฐ์ˆ˜)

Postponement of Conscription Date ์ž…์˜์ผ์ž ์—ฐ๊ธฐ

Homecoming after Conscription ์ž…์˜ํ›„ ๊ท€๊ฐ€

Subject to Notice of Re-Conscription ์žฌ์ž…์˜ํ†ต์ง€๋Œ€์ƒ

Domestic Reason ๊ฐ€์‚ฌ์‚ฌ์ •

Employed Abroad ๊ตญ์™ธ์ทจ์—…

Residing in an Unreclaimed Area ๋ฏธ์ˆ˜๋ณต์ง€๊ตฌ๊ฑฐ์ฃผ

Application for Military Service ๊ตฐ ์ง€์›

Evasion of Conscription ์ž…์˜๊ธฐํ”ผ

Missing ํ–‰๋ฐฉ๋ถˆ๋ช…

(Medical/Judicial/Religious) Officer/Cadet Officer (์˜๋ฌด/๋ฒ•๋ฌด/๊ตฐ์ข…)์žฅ๊ต/์‚ฌ๊ด€ํ›„๋ณด์ƒ

Basic Branch Officer ๊ธฐ๋ณธ๋ณ‘๊ณผ์žฅ๊ต

Noncommissioned Cadet Officer ๋ถ€์‚ฌ๊ด€ ํ›„๋ณด์ƒ

Enlistment in OO OO ํŽธ์ž…

Removed from OO OO ์ œ์ 

Call of supplementary service, etc. Postponement of Call (Student) ์†Œ์ง‘์—ฐ๊ธฐ(์žฌํ•™์ƒ)

Postponement of Call (Studying Abroad) ์†Œ์ง‘์—ฐ๊ธฐ(์œ ํ•™)

Postponement of Call (Seafarer) ์†Œ์ง‘์—ฐ๊ธฐ(์„ ์›)

Postponement of Call (Residing Abroad) ์†Œ์ง‘์—ฐ๊ธฐ(๊ตญ์™ธ๊ฑฐ์ฃผ)

Postponement of Call (Emigration) ์†Œ์ง‘์—ฐ๊ธฐ(๊ตญ์™ธ์ด์ฃผ)

Postponement of Call (Training in Research Institute) ์†Œ์ง‘์—ฐ๊ธฐ(์—ฐ์ˆ˜)

Postponement of Call (Outstanding Athlete) ์†Œ์ง‘์—ฐ๊ธฐ(์šฐ์ˆ˜์—ฐ์ˆ˜)

Postponement of Call Date ์†Œ์ง‘์ผ์ž์—ฐ๊ธฐ

Exemption from Call ์†Œ์ง‘๋ฉด์ œ

Evasion from Call ์†Œ์ง‘๊ธฐํ”ผ

Enlistment in OO (์‚ฐ์—…์š”์›๋“ฑ)ํŽธ์ž…

Cancellation of Enlistment in OO OO ํŽธ์ž…์ทจ์†Œ

Advance Service ์„ ๋ณต๋ฌด

Social Service Personnel ์‚ฌํšŒ๋ณต๋ฌด์š”์›

International Cooperation Service Personnel ๊ตญ์ œํ˜‘๋ ฅ๋ด‰์‚ฌ์š”์›

Art and Sports Personnel ์˜ˆ์ˆ ์ฒด์œก์š”์›

Expert Research Personnel ์ „๋ฌธ์—ฐ๊ตฌ์š”์›

Industrial Technical Personnel ์‚ฐ์—…๊ธฐ๋Šฅ์š”์›

International Cooperative Doctor ๊ตญ์ œํ˜‘๋ ฅ์˜์‚ฌ

Public-Service Advocate ๊ณต์ต๋ฒ•๋ฌด๊ด€

Public Health Doctor ๊ณต์ค‘๋ณด๊ฑด์˜์‚ฌ

Doctor Exclusively in Charge of Draft Physical Examination ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์ „๋‹ด์˜์‚ฌ

Onboard Ship Reserve Service ์Šน์„ ๊ทผ๋ฌด์˜ˆ๋น„์—ญ

Alternative Service Personnel ๋Œ€์ฒด๋ณต๋ฌด์š”์›

Others Ban on foreign travel (a person who has stayed in the country for one year or longer) ์ถœ๊ตญ๊ธˆ์ง€(1๋…„์ด์ƒ ๊ตญ๋‚ด์ฒด์žฌ)

Removal of the ban on foreign travel (others)

Jehovah's Witnesses ์—ฌํ˜ธ์™€์˜ ์ฆ์ธ

Departure before age 24 24์„ธ์ด์ „์ถœ๊ตญ

Period of Mandatory Service ์˜๋ฌด๋ณต๋ฌด๊ธฐ๊ฐ„

Exclusion from the Military Service ๊ตฐ๋ณต๋ฌด ์ œ์™ธ๊ธฐ๊ฐ„

Short-term overseas travel ๋‹จ๊ธฐ์—ฌํ–‰

Illegal stay in a foreign country ๊ตญ์™ธ๋ถˆ๋ฒ•์ฒด์žฌ

Violation of duty to obtain permission for overseas travel ๊ตญ์™ธ์—ฌํ–‰ํ—ˆ๊ฐ€์˜๋ฌด์œ„๋ฐ˜

Forces Army ์œก๊ตฐ

Navy ํ•ด๊ตฐ

Air Force ๊ณต๊ตฐ

Marine, Subordinate to ROK Navy ํ•ด๋ณ‘๋Œ€

Expiration date Indefinite ๋ฌด๊ธฐํ•œ

6 Months 6์›”

Type of service Reserve Service ์˜ˆ๋น„์—ญ

Recruit Service ๋ณด์ถฉ์—ญ

Exemption from the Service ๋ฉด์—ญ

Retirement from the Service ํ‡ด์—ญ

Removal from Military Register ๋ณ‘์ ์ œ์ 

Discharge Discharge from Military Service ์ „์—ญ

Discharge from Military Service by Application ์›์— ์˜ํ•œ ์ „์—ญ

Forced Discharge from Military Service ์›์— ์˜ํ•˜์ง€ ์•„๋‹ˆํ•œ ์ „์—ญ

Home on Leave from Military Service ๊ท€ํœด์ „์—ญ

Discharge from Military Service as Woman ์—ฌ๊ตฐ์ „์—ญ

Completion of Service ๋ณต๋ฌด๋งŒ๋ฃŒ

Completion of Service(Release from Call) ๋ณต๋ฌด๋งŒ๋ฃŒ(์†Œ์ง‘ํ•ด์ œ)

Completion of Military Service ๋งŒ๊ธฐ

Age Limit ์—ฐ๋ น์ •๋…„

Disease ์˜๋ณ‘

Domestic Reason ๊ฐ€์‚ฌ์‚ฌ์ •(์˜๊ฐ€์‚ฌ)

Difficulties in Maintaining Household ์ƒ๊ณ„๊ณค๋ž€

An only son ๋…์ž

wounded in action or injured in the line of duty ์ „·๊ณต์ƒ

Emigration ๊ตญ์™ธ์ด์ฃผ

Disqualification ์‹ ๋ถ„์ƒ์‹ค

Exclusion to the Public ์ œ์™ธ

Secession from Military Service ๊ตฐ๋ณต๋ฌด์ดํƒˆ(์‚ญ์ œ)

Removal from the Army Register ๊ตฐ ์ œ์ 

Self-Surrender ์ž์ˆ˜์‹ ๊ณ 

National Land Construction Corps ๊ตญํ† ๊ฑด์„ค๋‹จ

Volunteer Soldier as a Student ํ•™๋„์˜์šฉ๊ตฐ

Military Service Act ๋ณ‘์—ญ๋ฒ•

Enforcement Decree of Military Service Act ๋ณ‘์—ญ๋ฒ•์‹œํ–‰๋ น

Detailed Enforcement Regulation of Military Service Act ๋ณ‘์—ญ๋ฒ• ์‹œํ–‰๊ทœ์น™

Combatant police, etc. Combatant Police Officer ์ „ํˆฌ๊ฒฝ์ฐฐ

Auxiliary Police Officer ์˜๋ฌด๊ฒฝ์ฐฐ

Obligatory Fireman ์˜๋ฌด์†Œ๋ฐฉ

Coast Guard ํ•ด์–‘๊ฒฝ์ฐฐ

Correctional Guard ๊ฒฝ๋น„๊ต๋„

Legal Military service age

The age standard is from January 1 to December 31 of the year of age.

โ– : Age group of Mandatory Military service

โ– : Age group of Mandatory Military service in Wartime

Age Mandatory military service Duty of conscription examination and enlist, etc. Type of service Note

17 or younger Military Manpower Administration takes over the Identity registration data of persons (17-year-old male) who are enrollment to Military Service Registration(Assignment the Preliminary Military Service) in the following year from the Ministry of the Interior, and transmits them to the Local Military Manpower Office.

18 Subject for Mandatory Military service of Peacetime No, but voluntary enlistment possible.

- Assignment the Preliminary Military Service.

- Persons with disabilities registered under the Disabled registration system is Wartime Labor Service or Exemption from Military Service.Note 1

1.Age group subject to Civil Defense Corps under the Framework Act on Civil Defense from the age of 20[17]

2.Subject to a return order from the chief of staff of each military if he desertied while serving on the basis of active duty soldiers.

3.Reserve soldiers and Completed their service Supplementary soldiers in the Age group of Exemption from Duty of conscription examination and enlist, etc.(38 to 40 years old, 38 to 45 years old in Wartime) can be assigned to the Reserve Force according to the Reserve Forces Act on a wartime basis.[18]

19 to 35 All Military service obligators are obligated to Conscription examination and Enlist/Call-up(Passed person from Conscription examination. Active duty is Enlist, Supplementary Service is Call-up) 1.According to the results of the Conscription examination.(Military Disposition. Active duty, Supplementary service, Wartime labor service or Exempted from Military service)

2.When the Mandatory service(Active service) period is completed, they are transferred to reserve service.

36 to 37 1.In the peacetime, General Military service obligators are no Conscription examination and Enlist/Call-up

2.In the peacetime, Military Service Act Violators, Oversea stayer, etc. are obligated to Conscription examination. When disposed of as a Supplementary service, there is an Obligation to convene Public service.

3.In the wartime, All Military service obligators are obligated to enlist as conscription examination and active duty.

1.Same as above.

2.Military Service Act Violators, Overseas stayer, etc. are Subject to Supplementary service, Wartime Labor Service or Exempted from Military service according to the results of the Conscription examination.

38 to 40 In any case, No duty of Conscription Examination and Enlist. Same as above.

41 to 45 1.End of Mandatory Military service from Peacetime(Soldier ranks)

2.Extension of Mandatory Military service from Wartime Exemption from Service for Active Soldiers, Reserve Soldiers, Supplementary Soldiers, Wartime Labor Service in PeacetimeNote 2 Reserve soldiers and Completed their service Supplementary soldiers can be assigned to the Reserve Force according to the Reserve Forces Act on a Wartime basis.

46 or older End of Mandatory Military service from Peacetime and Wartime. Exemption from Service for Active, Reserve, Supplementary Soldiers, Wartime Labor Service in Peacetime and WartimeNote 2 Expanded 50 years of age for the Wartime Civil Defense Corps

Note 1: Some disabled person (mild disabled person). If the disability status of a disabled person changes at the age of 19, or if a reason for the return of the disabled registration card occurs, a Conscription Examination shall be performed.

Note 2:

Republic of Korea Armed Forces soldier (Byeong) ranks

English Korean

Army Navy Air Force Marine Corps

Sergeant Petty Officer Second Class Staff Sergeant Sergeant ๋ณ‘์žฅ

Corporal Petty Officer Third Class Senior Airman Corporal ์ƒ๋“ฑ๋ณ‘

Private First Class Seaman Airman First Class Lance Corporal ์ผ๋“ฑ๋ณ‘

Private Second Class Seaman Apprentice Airman Private First Class ์ด๋“ฑ๋ณ‘

Note 3: Retirement of Officers, Warrant officers, and Noncommissioned officers when they reach retirement age of rank from Military Personnel Management Act.[19]

History of military service age

1971 to 1984

Age Mandatory military service Duty of conscription examination and enlist, etc. Type of service

17 or younger — None. —

18 to 19 Subject for Mandatory Military service of Peacetime Assignment the 1st Citizen Service.

20 to 30 All Military service obligators are obligated to Conscription examination and Enlist/Call-up (Passed person from Conscription examination. Active duty is Enlist, Supplementary Service is Call-up) 1.According to the results of the Conscription examination. (Military Disposition. Active duty, Supplementary service, Wartime labor service or Exempted from Military service)

2.Those who are not Active (Serving), Reserve, or Supplementary Service are the 1st Citizen service.

3.When the Mandatory service (Active service) period is completed, they are transferred to Reserve service.

31 to 35 1.In peacetime, All Military Service Obligators (Including those Military Service Act Violators, Oversea stayer, etc.) are no Conscription examination, Enlist, Supplementary Service Call-up (Exemption from Call)Note 1

2.In the wartime, All Military service obligators are obligated to enlist as conscription examination and active duty. 1.Same as above.

2.The 1st Citizen service that has not been Conscription examination and those Subject to Active Enlist (Subject to draft) who have not been notified of Active draft are transferred to Supplementary service.

36 to 40 In any case, No duty of Conscription Examantion and Enlist.

41 to 45 1.End of Mandatory Military service from Peacetime (Soldier ranks)

2.Extension of Mandatory Military service from Wartime Exemption from Service for Active Soldiers, Reserve Soldiers, Supplementary Soldiers, Wartime Labor Service in PeacetimeNote 2

46 or older End of Mandatory Military service from Peacetime and Wartime. Exemption from Service for Active, Reserve, Supplementary Soldiers, 2nd Citizen Service in Peacetime and WartimeNote 2

Note 1: According to Article 7 of the Military Service Act Addenda in 1971, Military Service Act Violators(Conscription examination or Enlist refusers/dodgers) as of the enforcement year(1971) are obligated to Conscription examination and enlist.[20]

Note 2: Retirement of Officers, Warrant officers, and Noncommissioned officers when they reach retirement age of rank.

1984 to 1993

Age Mandatory military service Duty of conscription examination and enlist, etc. Type of service

17 or younger a 17-year-old person (17-year-old male) must report the incorporation of the 1st Citizen service to the Town mayor or Village Chief. No, But Possible the Voluntary enlist.

18 Subject for Mandatory Military service of Peacetime not enlisted from 1st Citizen Service

19 to 30 All Military service obligators are obligated to Conscription examination and Enlist/Call-up (Passed person from Conscription examination. Active duty is Enlist, Supplementary Service is Call-up) 1.According to the results of the Conscription examination. (Military Disposition. Active duty, Supplementary service, Wartime labor service or Exempted from Military service)

2.Those who are not Active (Serving), Reserve, or Supplementary Service are the 1st Citizen service.

3.When the Mandatory service (Active service) period is completed, they are transferred to Reserve service.

31 to 35 1.In the peacetime, All Military Service Obligators (Including those Military Service Act Violators, Oversea stayer, etc.) are no Conscription examination, Enlist, Supplementary Service Call-up (Exemption from Call)

2.In the wartime, All Military service obligators are obligated to enlist as conscription examination and active duty. 1.Same as above.

2.The 1st Citizen service that has not been Conscription examination and those Subject to Active Enlist (Subject to draft) who have not been notified of Active draft are transferred to Supplementary service.

36 to 40 In any case, No duty of Conscription Examantion and Enlist.

41 to 45 1.End of Mandatory Military service from Peacetime (Soldier ranks)

2.Extension of Mandatory Military service from Wartime Exemption from Service for Active Soldiers, Reserve Soldiers, Supplementary Soldiers, Wartime Labor Service in PeacetimeNote

46 or older End of Mandatory Military service from Peacetime and Wartime. Exemption from Service for Active, Reserve, Supplementary Soldiers, 2nd Citizen Service in Peacetime and WartimeNote

Note: Retirement of Officers, Warrant officers, and Noncommissioned officers when they reach retirement age of rank.

1994 to 2010

Age Mandatory military service Duty of conscription examination and enlist, etc. Type of service

17 or younger a 17-year-old person (17-year-old male) must report the incorporation of the 1st Citizen service to the Town mayor or Village Chief. (Before February 5, 1999)

Military Manpower Administration takes over the Identity registration data of persons (17-year-old male) who are enrollment to Military Service Registration (Assignment the Preliminary Military Service) in the following year from the Ministry of the Interior, and transmits them to the Local Military Manpower Office. (After February 5, 1999)

18 Subject for Mandatory Military service of Peacetime No, but voluntary enlistment is possible. Assignment the 1st Citizen Service.

Persons with disabilities registered under the Disabled registration system is Wartime Labor Service or Exemption from Military Service.

19 to 30 All Military service obligators are obligated to Conscription examination and Enlist/Call-up (Passed person from Conscription examination. Active duty is Enlist, Supplementary Service is Call-up) 1.According to the results of the Conscription examination. (Military Disposition. Active duty, Supplementary service, Wartime labor service or Exempted from Military service)

2.When the Mandatory service (Active service) period is completed, they are transferred to reserve service.

31 to 35 1.In the peacetime, General Military service obligators are no Conscription examination and Enlist/Call-up

2.In the peacetime, Military Service Act Violators, Oversea stayer, etc. are obligated to Conscription examination. When disposed of as a Supplementary service, there is an Obligation to convene Public service.

3.In the wartime, All Military service obligators are obligated to enlist as conscription examination and active duty.

1.Same as above.

2.Military Service Act Violators, Overseas stayer, etc. are Subject to Supplementary service, Wartime Labor Service or Exempted from Military service according to the results of the Conscription examination.

38 to 40 In any case, No duty of Conscription Examination and Enlist. Same as above.

41 to 45 1.End of Mandatory Military service from Peacetime (Soldier ranks)

2.Extension of Mandatory Military service from Wartime Exemption from Service for Active Soldiers, Reserve Soldiers, Supplementary Soldiers, Wartime Labor Service in PeacetimeNote

46 or older End of Mandatory Military service from Peacetime and Wartime. Exemption from Service for Active, Reserve, Supplementary Soldiers, Wartime Labor Service in Peacetime and WartimeNote

Note: Retirement of Officers, Warrant officers, and Noncommissioned officers when they reach retirement age of rank.

Determination criteria of physical grades

There are seven physical grades. Grade name is I, II, III, IV, V, VI and VII. Before 1984 grades name is A, B (respectively B-I, B-II, B-III), C, D and E

Before 1984 After 1984

Name Korean Name Korean

Grade A ๊ฐ‘์ข… Grade I 1๊ธ‰

Grade B-I ์ œ1์„์ข… Grade II 2๊ธ‰

Grade B-II ์ œ2์„์ข… Grade III 3๊ธ‰

Grade B-III ์ œ3์„์ข… Grade IV 4๊ธ‰

Grade C ๋ณ‘์ข… Grade V 5๊ธ‰

Grade D ์ •์ข… Grade VI 6๊ธ‰

Grade E ๋ฌด์ข… Grade VII 7๊ธ‰

I, II, III and IV is Accepted, and grades V, VI and VII is Rejected.

The criteria for determining the physical grade shall be in accordance with Attached form 2 and 3 of the "Rules for examination of Conscription Physical Examination, etc.(๋ณ‘์—ญํŒ์ • ์‹ ์ฒด๊ฒ€์‚ฌ ๋“ฑ ๊ฒ€์‚ฌ๊ทœ์น™ [ko])" Attached form 2 sets the criteria for determining height and weight. Attached form 3 is the evaluation criteria for diseases and mental and physical disabilities, which vary from year to year.

In the following criteria, diseases and mental and physical disabilities are described mainly as representative or known.

Physical grades Accepted or Rejected Standards[21] Type of military service[22]

I Accepted Physical and Psychological constitution is healthy, and can serve in active duty or supplementary service.

Active duty, Supplementary service, and Wartime labor service based on Qualifications (Educational background, Age, etc.)

2

3

4

5 Rejected Those incapable of entering active or supplementary service, but capable of entering the wartime labor service Wartime labor service

6 Those incapable of performing military service due to disease or mental or physical disorder Exempted from Military service

7 In the case where grades I, II, III, IV, V, VI cannot be received due to Disease or Mental and Physical disability Subject to Rephysical examination

Physical grade Height (centimeters), weight (BMI) Disease or disabled

I

Height 161๏ฝž203.9 cm๏ผšBMI20.0๏ฝž24.9

A completely healthy person without illness or physical disability

Those in good condition after treatment of acute infectious diseases

II

Height 161๏ฝž203.9 cm๏ผšBMI18.5๏ฝž19.9ใƒปBMI25.0๏ฝž29.9

Allergic rhinitis

III

Height 159๏ฝž160 cm๏ผšBMI16.0๏ฝž34.9

Height 161๏ฝž203.9 cm๏ผšBMI16.0๏ฝž18.4, BMI30.0๏ฝž34.9

Hepatitis B carrier

Conservative treated or Operated PneumothoraxNote 1

Mental disease

Minor, Mild Depression

Minor, Mild Obsessive-compulsive disorder

Several Developmental Disability (ADHD, Learning Disability)

IV

Height 146๏ฝž158 cm

Height 159๏ฝž203.9 cm: Below BMI16.0 and BMI35.0 or Over

Height 204 cm or Over

Case of endoscopic surgery with either Early gastric cancer, Early colorectal cancer, or Carcinoid

Prodrome of Skin malignant tumor(Giant acromegaly condyloma, Bowen disease), Basal cell carcinoma

Mental disease

Borderline intellectual functioning

Mild Autism Spectrum Disorder (High-functioning Autism, Asperger Syndrome, PDD-NOS without Intellectual Disability)

V

Height 140.1๏ฝž145 cm

Mental disease

Schizophrenia

Gender dysphoria

Mild Intellectual Disability

Autism Spectrum Disorder without Intellectual Disability (High-functioning Autism, Asperger Syndrome, PDD-NOS without Intellectual Disability)

VI

Height 140 cm or Below

Malignant tumor (Cancer)

Metastasized skin cancer

Bone cancer

HIV carrier

Hansen's Disease (Leprosy)

Mental disease

Schizophrenia with Personality devastated

Moderate, Severe and Profound Intellectual Disability

Autism Spectrum Disorder with Intellectual Disability (Low-functioning autism, Childhood disintegrative disorder)

VII

Note 1: Surgery due to pneumothorax is Grade V in 1992.

Disposition for military service by educational background and physical grade

According to Article 14 of the Military Service Act, grades I to IV are based on qualifications (education, age, etc.) and are subject to active service, supplementary, wartime workers, Grade V exemptions, Grade VI exemptions, and Grade VII medical examinations. The criteria for disposing of active duty or supplementary officers in grades I to IV are determined by the Military Manpower Administration's announcement (annual announcement of conscription inspection). According to the announcement, the criteria for military service are as follows.

Active duty (ํ˜„์—ญ, Subject to Enlist for Active duty. Subject to Draft)

Mix of active and supplementary

Supplementary service (๋ณด์ถฉ์—ญ)

Wartime labor service (์ „์‹œ๊ทผ๋กœ์—ญ)[23]

Exempted from Military service (๋ณ‘์—ญ๋ฉด์ œ)

Subject to Physical Reexamination (์žฌ๊ฒ€์‚ฌ๋Œ€์ƒ)

Disposition for military service by educational background and physical grade (after 2021)

Educational background Physical grade

I II III IV V VI VII

Regardless Active duty Supplementary service Wartime Labor Service Exempted from Military service Subject to Physical reexamination

History of disposition for military service

1950s to 1969

Before the 1970s, the criteria for disposition of active duty and supplementary military service cannot be confirmed due to lack of data at the time.[24]

in 1950 to 1955

1950: It was the first year in the Republic of Korea that the Conscription was implemented. At that year, due to the limitation of 100,000 troops by the Korean military, the conscription system and Conscription Examination were suspended. However, in June of the same year, when the Korean War broke out, there was an unofficial conscription.

1952: As the Conscription system was Implemented again, Conscription Examination began again.

Educational

background Physical grade

A B-I B-II C D E

Regardless Accepted (Active duty, 1st Supplementary service, 2nd Supplementary service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1956

Educational background Physical grade

A B-I C D E

Regardless Accepted (Active duty, 1st Supplementary military service, 2nd Supplementary military service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1957

The supplementary military service was abolished by the enforcement of the revised Military Service Act from August 1957.[25]

Educational background Physical grade

A B-I B-II C D E

Regardless Accepted

(Active duty, 1st Supplementary military service, 2nd Supplementary military service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1958 to 1960

On February 24, 1958, there were Re-examination measures after canceling the judgment on 45,000 Grade C judges in the 1950 to 1957 Conscription examination.

Educational background Physical grade

A B-I B-II B-III C D E

Regardless Accepted (Active duty) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1961

There was a physical examination of public officials who were judged to be Grade C.

In 1961, there was a physical examination of 128,422 embroidered persons who reported between June 21 and June 30, which was set as the period for reporting embroidery of those who failed to serve in the military.

Educational background Physical grade

A B-I B-II C D E

Regardless Accepted (Active duty) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1962

Those born on or after January 1, 1930, who have been punished for active service under the Military Service Act enacted before October 1, 1962, and who have not joined the army, will be transferred to the 1st supplementary role and will be supplemented. (Except for those who joined the National Land Construction Team(๊ตญํ† ๊ฑด์„ค๋‹จ [ko]) in 1961.)

Educational background Physical grade

A B-I B-II B-III B-IV B-V C D E

Regardless Accepted (Active duty)

(After Oct, 1st 1962, Active duty, 1st Supplementary service, 2nd Supplementary service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1963 to 1969

Among those who were examined for conscription in 1962, those who were judged to be Grade B4 and B5 were transferred to Grade C and converted to 2nd Citizen service.

Educational background Physical grade

A B-I B-II B-III C D E

Regardless Accepted (Active duty, 1st Supplementary service, 2nd Supplementary service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

After 1970s

1970

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout

Elementary school Graduated

Elementary school Dropout or less Active duty Supplementary service

1971

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout Active duty Supplementary service

Elementary school Graduated

Elementary school Dropout or less Active duty Supplementary service

1972

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout

Elementary school Graduated

Elementary school Dropout or less Active duty Supplementary service

1973

Middle school Graduated or more

Grade A, B-I, B-II: Active duty

Grade B-III: Supplementary service

Elementary school Graduated or more, Middle school Dropout or less

Grade A: Active duty

Grade B-I, B-II, B-III: Supplementary service

Elementary school Dropout or less: 2nd Citizen service

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout Active duty Supplementary service

Elementary school Graduated

Elementary school Dropout or less 2nd Citizen service

1974 to 1976

College attending or more

Grade A, B-I, B-II: Active duty

Grade B-III: Supplementary service

Middle school Graduated or more, High school Dropout or less

Grade A, B-I: Active duty

Grade B-II, B-III: Supplementary service

Elementary school Graduated or more, Middle school Dropout or less

Grade A: Active duty

Grade B-I, B-II, B-III: Supplementary service

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Graduated

Middle school Graduated

Middle school Dropout Active duty Supplementary service

Elementary school Graduated

Elementary school Dropout or less 2nd Citizen service

1977 to 1979

College attending or more

Grade A, B-I, B-II, B-III: Active duty

High school Graduated or less

Grade A, B-I: Active duty

Grade B-II, B-III: Supplementary service

Middle school Dropout or less: 2nd Citizen service

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1980 to 1983

College attending or more

ใ€€Grade A, B-I, B-II: Active duty

ใ€€Grade B-III: Supplementary service

High school Graduated or less

ใ€€Grade A: Active duty

ใ€€Grade B-I, II, III: Supplementary service

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1984

In 1984, Change of Physical Grade Name.

Before 1984 After 1984

Name Korean Name Korean

A ๊ฐ‘์ข… I 1๊ธ‰

B-I ์ œ1์„์ข… II 2๊ธ‰

B-II ์ œ2์„์ข… III 3๊ธ‰

B-III ์ œ3์„์ข… IV 4๊ธ‰

C ๋ณ‘์ข… V 5๊ธ‰

D ์ •์ข… VI 6๊ธ‰

E ๋ฌด์ข… VII 7๊ธ‰

College attending or more

ใ€€Grade I, II, III: Active duty

ใ€€Grade IV: Supplementary service

High school Graduated

ใ€€Grade I, II: Active duty

ใ€€Grade III, IV: Supplementary service

High school Dropout or less

ใ€€Grade I: Active duty

ใ€€Grade II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Dropout Active duty Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1985

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated Active duty Supplementary service

Middle school Dropout or less 2nd Citizen service

1986

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated Active duty Supplementary service

Middle school Dropout or less 2nd Citizen service

1987

High school Graduated or more

ใ€€Grade I, II: Active duty

ใ€€Grade III, IV: Supplementary service

High school Dropout or less

ใ€€Grade I: Active duty

ใ€€Grade II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Active duty Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1988 to 1991

1988: Skipped Conscription Examination of Elementary school Graduated or less

1989: Those aged 25 or older among those graduating from High school will be converted to Supplementary service.

June 1, 1991: High school graduates who are 162 centimeters or less, high school graduates and those who are above university students, and who are Grade II (and III, IV) due to myopia of ophthalmology, will be converted to Supplementary service. (A person who was Conscription examined from 1990)

November 15, 1991: Those who graduated from high school and a Physical grade II will be converted to Supplementary service. (A person who was Conscription examined from 1991)

January 1, 1992: Middle school Dropout or less is Supplementary service. (Exemption from Call of Bangwi)

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1992

Middle school Graduated or more, Physical grade I, II, III, IV: Active duty. But, on October 30 of the same year, it was changed as follows:

High school Graduated or more, Physical grade III, IV: converted to Supplementary service

High school Dropout or less, Physical grade I, II, III, IV: converted to Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1993

High school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

High school Dropout and Middle school Graduated with Grade I, II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1994

High school Graduated or more with Grade I, II, III, IV: Active duty

High school Dropout

Grade I: Active duty

Grade II, III, IV: Supplementary service

Middle school Graduated with Grade I, II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Active duty Supplementary service

Middle school Graduated Supplementary service

Middle school Dropout or less 2nd Citizen service

1995 to 1996

High school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Those who graduated from middle school and a Physical grade I, II, III, IV will be converted to Supplementary service from 1996

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1997

High school Dropout or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Middle school Graduated

Grade I, II, III, IV: Supplementary service

High school Dropout with Physical grade III: converted to Supplementary service from June 2, 1997

High school Dropout with Physical grade II: converted to Supplementary service from January 1, 1998

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated Supplementary service

Middle school Dropout or less 2nd Citizen service

1998 to 2003

High school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Middle school Graduated, High school Dropout

Grade I, II, III, IV: Supplementary service

1999 to 2011

Skipped Conscription Examination with Transferred the 2nd Citizen service of Middle school Dropout or less in 1999 to 2011

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

2004

Middle school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

2005

College attending or more with Grade I, II, III, IV: Active duty

Middle school Graduated and High school Dropout

Grade I, II, III: Active duty

Grade IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

2006 to 2011

Middle school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

2012 to 1st half of 2015

Middle school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Middle school Dropout or less with Physical Grade I, II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less Supplementary service

External links

(in Korean) Public Notice of Draft examination in 2014(Military Manpower Administration Public Notice No. 2014-2)

2nd half of 2015 to 2020

High school Graduated or more

Grade I, II and III: Active duty

Grade IV: Supplementary service

High school Dropout of less with Physical grade I, II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service Wartime Labor Service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout or less Supplementary service

External links

(Korean) Public Notice of Draft examination in 2016(Military Manpower Administration Public Notice No. 2016-3)

(Korean) Public Notice of Draft examination in 2017(Military Manpower Administration Public Notice No. 2017-1)

(Korean) Public Notice of Draft examination in 2018(Military Manpower Administration Public Notice No. 2018-1)

(Korean) Public Notice of Draft examination in 2019(Military Manpower Administration Public Notice No. 2019-1)

(Korean) Public Notice of Draft examination in 2020(Military Manpower Administration Public Notice No. 2020-1)

Service types and length

Grade 1, 2, 3 and 4: those are suitable for military service (ํ˜„์—ญ)

The length of compulsory military service in South Korea varies based on military branch.[26][unreliable source?] Active duty soldiers serve 1 year 6 months in the Army or Marine Corps, 1 year 8 months in the Navy, or 1 year 9 months in the Air Force.[27] After conscripts finish their military service, they are automatically placed on the reserve roster and are obligated to attend 3 days of annual military training for 6 years[citation needed] (5 years from 2021).

Non-active duty personnel, or "supplemental service" personnel serve for various lengths: 1 year 9 months for social work personnel (better known as public service workers - personnel ordered to do public service work at places that require auxiliary workers such as local community centers like city halls, government agencies, and public facilities like subway stations);[28] 2 years 10 months for arts and sports personnel or industrial technical personnel; and 3 years for public health doctors, lawyers, veterinarians, or expert researchers.[29]

In 2010, there was growing public pressure to either shorten the length of conscription or to switch to voluntary military service, and calls from experts for a gradual phasing out of conscription rather than complete abolition.[30] However, in December 2010, after taking into consideration of the 2010 ROKS Cheonan sinking and Bombardment of Yeonpyeong incidents, the South Korean government said it would not reduce service periods.[31]

Grade 4: those are unsuitable for military service

Art and sports personnel

Artists and players who have won government accredited competitions are allowed to work as 'Art and Sports Personnel'. After a month of military training, Art and Sports Service agents work through their specialties to finish their military services; e.g. in professional sports teams, art galleries, museums or orchestra bands. Unlike other service agents who are working at factories, farms, universities, institutes or nursing homes, Art and Sports Service agents are allowed to work abroad.[citation needed]

Former president Park Chung Hee introduced exemptions for athletes in 1973 to win more medals for the country; some historians believe this also served as a distraction against the government's unpopularity.[32] After winning a gold medal at the 1976 Summer Olympics, wrestler Yang Jung-mo was granted the first exemption. In the 1980s, president Chun Doo-hwan promised exemptions to any athlete who won a medal of any kind at either the 1986 Asian Games or the 1988 Summer Olympics.[32]

When South Korea co-hosted the FIFA World Cup in 2002, their national football team was guaranteed an exemption if they reached the round of 16; the same promise was made to the national baseball team in 2006 if they reached the semifinals of the World Baseball Classic. Public outrage ensued, and similar exemptions have been rarely granted since.[32]

Current conscription regulations stipulate that athletes who win medals in the Olympic Games or gold medals in the Asian Games are granted exemptions from military service and are placed in Grade 4.[33] They are required to do four weeks of basic military training and engage in sports field for 42 months. After that, they are automatically placed on the reserve roster, and are obligated to attend a few days of annual military training for six years. In practice, after athletes finish their four weeks of basic military training, they are able to continue their own sports career during the 34 months of duty.[34]

The policy has resulted in coaches being accused of selecting players desperate to avoid military service instead of choosing the best athletes. Parents encourage their children to pursue sports in hopes of them receiving an exemption.[32]

Notable athletes who have been granted exemptions from military service are the bronze medal-winning men's football team at the 2012 Summer Olympics,[35][36] 2008 Olympic gold medalist badminton player Lee Yong-dae,[37] swimmer Park Tae-hwan,[38][39] 2014 Asian Games gold medalist tennis player Chung Hyeon,[40] 2018 Asian Games gold medalist footballer Son Heung-min, and 2018 Asian Games gold medalist baseball player Lee Jung-hoo.

Esports players were not exempt from conscription until 2023, when esports became a regular event at the 2022 Asian Games.[41][failed verification] Because esports had become a medal event in these games, it became possible for players to be exempt from conscription, so long as they won a gold medal in the games. The gold medal-winning roster of the country's national esports team became the first players to be granted the exemption.[42]

A total of 220 exemptions were granted from 2008 to 2018.[32]

Exemptions are also granted to classical musicians and ballet performers who win first place in stipulated international-level competitions. A two-year extension for notable K-pop artists (from a law that was passed in December 2020) could also be given by government for their career, the age for joining military is 30 (which previously was 28). Some resources and media outlets claim that the primary reason for this amendment was singer-songwriter Jin, who, at the time, was about to turn 28.[43][44] As his group BTS has had a huge impact (especially in the music industry) worldwide and contributed greatly to the spread of Korean culture and the Hallyu Wave, exemptions for them were in talks for a few years.[45][46] Despite this, BTS' record label, Big Hit Music, announced on October 17, 2022, that Jin withdrew his enlistment deferral request and will be the first in the group to enter into mandatory military service, with other members of BTS to be enlisted on a later date.[47]

Conscientious objection

The right to conscientious objection was not recognized in South Korea until recently. Over 400 men were typically imprisoned at any given time for refusing military service for political or religious reasons in the years before right to conscientious objection was established.[48]

On 28 June 2018, the South Korean Constitutional Court ruled the Military Service Act unconstitutional and ordered the government to accommodate civilian forms of military service for conscientious objectors.[49] Later that year on 1 November 2018, the South Korean Supreme Court legalized conscientious objection as a basis for rejecting compulsory military service.[50]

Salary and benefits

Salary per month in 2017[51]

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ163,000

โ‚ฉ176,400

โ‚ฉ195,500

โ‚ฉ216,000

Salary per month in 2018

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ306,100

โ‚ฉ331,300

โ‚ฉ366,200

โ‚ฉ405,700

Salary per month in 2019

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ306,100

โ‚ฉ331,300

โ‚ฉ366,200

โ‚ฉ405,700

Salary per month in 2020

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ408,100

โ‚ฉ441,700

โ‚ฉ488,200

โ‚ฉ540,900

Salary per month in 2021

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ459,100

โ‚ฉ496,900

โ‚ฉ549,200

โ‚ฉ608,500

Salary per month in 2022

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ510,100

โ‚ฉ552,100

โ‚ฉ610,200

โ‚ฉ676,100

Salary per month in 2023

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ600,000

โ‚ฉ680,000

โ‚ฉ800,000

โ‚ฉ1,000,000

Equipment

The Ministry of National Defense has revealed that it failed to provide sneakers to 7,411 recruits who joined the military from 22 May to 4 June 2012, after the budget was insufficient for need. The Defense ministry originally projected the cost of each pair of sneakers to be 11,000 KRW. However, the actual cost turned out to be 15,000 KRW.[52]

The office of National Assembly member Kim Kwang-jin of Democratic United Party revealed that cadets in Korea Military Academy were provided with sneakers worth 60,000 KRW and tennis shoes. Cadets in Korea Army Academy at Yeongcheon were provided with sneakers worth 64,250 KRW, in addition to running shoes and soccer shoes.[53]

Dual citizens

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[54] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[55] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[56]

Racial minorities

In 2011, the government dropped race-based requirements for mix-raced Korean nationals conscripted into the armed forces.[57] However, there currently is no law allowing non-ethnic Korean citizens conscription into the armed forces. All naturalized citizens and citizens not of partial Korean ethnicity have a choice of whether to enlist or not.

Controversies

Violation of Forced Labour Convention

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[58] However, ILO defines conscription of non-military purpose as forced labour.[59]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. A majority (+90%) of the "Reserve - class 4 -" group work as "social service agents" (์‚ฌํšŒ๋ณต๋ฌด์š”์›), and earn far less than the minimum legal wage at various fields, including government offices, subway stations, tax offices, post offices, and sanitaria.[58]

In April 2021, South Korea ratified the Forced Labour Convention, but conscription remained in place. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4" now have the right to decide their methods of conscription between soldiers with active duty and "social service agents".[58] However, ILO continues to argue that enforcing "reserve - class 4-" to work as a "social service agent" is a violation of the Forced Labour Convention.[58]

Hazing

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

In recent years, the South Korean government has been preparing a policy to lower conscription standards for mental and physical conditions that were previously considered exempt, in light of concerns that the country's low birthrate will lead to fewer conscripts; South Korea had the lowest fertility rate in the world in both 2020 and 2021.[60] Experts have stated that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[61]

Draft evasion

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[62][63] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[64][65] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[66] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. He had already obtained U.S. permanent residency and, in order to evade military service, went to Los Angeles, where he acquired citizenship within two months, subsequently renouncing his Korean nationality. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[67] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[68] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[69] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[70] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[71]

See also

flag South Korea portal

Forced Labour Convention

Supplementary service in South Korea

Social service agent

Conscription in North Korea

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Date: September 9th, 2025 9:04 PM
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First conscription examination, conducted on 16 December 1949 after liberation from Japan's colonial rule

Conscription

1780 caricature of a press gang

1780 caricature of a press gang

Related concepts

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vte

Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male citizen of the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

Enlistment and impairment-disability evaluation

By law, when a South Korean man turns 18 years old, he is enlisted for "first citizen service," meaning he is liable for military duty, but is not yet required to serve.[10][11] When he turns 19 years old (or, in some instances, 20 years old), he is required to undergo an Impairment & Disability evaluation to determine whether he is suitable for military service. The table below shows the evaluation's possible grades and their outcomes, according to the Military Service Act.[12] Men must enlist by the time they turn 28.[13]

Grade Description Outcome

1, 2, 3 "Those whose physical and psychological constitution is healthy enough to perform actively in army." "To be enlisted for active duty service, supplemental service or the second citizen service, based on their qualifications, such as educational background and age."

4 "Those whose physical and psychological constitution is not so healthy for active training but capable of doing supplemental service for civilians as replacements

(This is a common grade for people with minor disabilities)."

"To be enlisted for supplemental service or the second citizen service, based on their qualifications, such as educational background and age."

5 "Those incapable of entering active or supplemental service, but capable of entering the second citizen service

(This is a common grade for people with disabilities)."

"To be enlisted for the second citizen service."

6 "Those incapable of performing military service due to any disease or mental or physical incompetence

(This is a common grade for people with severe disabilities)."

"To be exempted from military service."

7 "Those unable to be graded...due to any disease or mental or physical incompetence." "To undergo a follow-up physical examination" within two years.

Term of South Korea military service

Areas Notation of military service relevant regulation Commonly used terms Meaning

English Korean English Korean

Conscription examination Draft Physical Examination ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ

์ง•๋ณ‘๊ฒ€์‚ฌ

์ง•๋ณ‘์‹ ์ฒด๊ฒ€์‚ฌ Conscription Examination

Military Service Judgment Examination

Physical Examination(PE) ์ง•๋ณ‘๊ฒ€์‚ฌ

๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ

์‹ ์ฒด๊ฒ€์‚ฌ(์‹ ๊ฒ€)

Physical Grade ์‹ ์ฒด๋“ฑ๊ธ‰

์‹ ์ฒด๋“ฑ์œ„ Physical Grade ์‹ ์ฒด๋“ฑ๊ธ‰

Grade I

Grade II

Grade III

Grade IV

Grade V

Grade VI

Grade VII 1๊ธ‰

2๊ธ‰

3๊ธ‰

4๊ธ‰

5๊ธ‰

6๊ธ‰

7๊ธ‰ Grade 1

Grade 2

Grade 3

Grade 4

Grade 5

Grade 6

Grade 7 1๊ธ‰

2๊ธ‰

3๊ธ‰

4๊ธ‰

5๊ธ‰

6๊ธ‰

7๊ธ‰

— ๊ฐ‘์ข…

์ œ1์„์ข…

์ œ2์„์ข…

์ œ3์„์ข…

๋ณ‘์ข…

์ •์ข…

๋ฌด์ข… Grade A

Grade B-1

Grade B-2

Grade B-3

Grade C

Grade D

Grade E ๊ฐ‘์ข…

1์„์ข…

2์„์ข…

3์„์ข…

๋ณ‘์ข…

์ •์ข…

๋ฌด์ข… Physical grades names from Before 1984

- Disposition for military service

- Type of service Preliminary Military Service

First militia Service

First Citizen Service ๋ณ‘์—ญ์ค€๋น„์—ญ

์ œ1๊ตญ๋ฏผ์—ญ Preliminary Military Service

1st Citizen Service ๋ณ‘์—ญ์ค€๋น„์—ญ

์ œ1๊ตญ๋ฏผ์—ญ

Active Service ํ˜„์—ญ Active ํ˜„์—ญ

Reserve Service ์˜ˆ๋น„์—ญ Reserve Service ์˜ˆ๋น„์—ญ

Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ

Supplementary Service

Supplemental Service

Recruit Service ๋ณด์ถฉ์—ญ Supplementary Service ๋ณด์ถฉ์—ญ

Wartime labor service

Second militia Service

Second Citizen Service ์ „์‹œ๊ทผ๋กœ์—ญ

์ œ2๊ตญ๋ฏผ์—ญ Exemption from Military Service in Ordinary time

Exemption from Ordinary time ํ‰์‹œ๋ณ‘์—ญ๋ฉด์ œ

ํ‰์‹œ๋ฉด์ œ

Exemption from Military service ๋ณ‘์—ญ๋ฉด์ œ Exemption from All Military Service

All exemption ๋ณ‘์—ญ์™„์ „๋ฉด์ œ

์™„์ „๋ฉด์ œ

Removal from Military Register ๋ณ‘์—ญ์ œ์  Exemption from All Military Service by Criminal record

All exemption from Criminal record ์ „๊ณผ์— ์˜ํ•œ ๋ณ‘์—ญ์™„์ „๋ฉด์ œ

์ „๊ณผ์— ์˜ํ•œ ์™„์ „๋ฉด์ œ

์ „๊ณผ๋กœ ๋ณ‘์—ญ์™„์ „๋ฉด์ œ

์ „๊ณผ๋กœ ์™„์ „๋ฉด์ œ In the case of being sentenced to more than 6 years in prison under the ROK Military service act, it was Removal from Military service registration.[14]

Disposition for subject to active duty, service, etc. Enlisted in Active Service ํ˜„์—ญ์ž…์˜๋Œ€์ƒ Active duty

Subject to Enlist

Subject to Conscription

Subject to Draft ํ˜„์—ญ๋Œ€์ƒ

ํ˜„์—ญ์ž…์˜๋Œ€์ƒ

์ง•๋ณ‘๋Œ€์ƒ

Called for Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ์†Œ์ง‘๋Œ€์ƒ Subject to Called for Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ์†Œ์ง‘๋Œ€์ƒ

Disposition for subject to supplementary service callup, service, etc. Called for Defense ๋ฐฉ์œ„์†Œ์ง‘๋Œ€์ƒ Called for Defense ๋ฐฉ์œ„์†Œ์ง‘๋Œ€์ƒ Defense Call-up(Defense soldier call-up) is classified as a supplementary service from 1969 to 1994. It was in the form of commuting from home to Military unit(or Police station, Police box, Conscription part of Town office).

— ๋ฐฉ์œ„๋ณ‘ Defense Soldier ๋ฐฉ์œ„๋ณ‘

Called for Public Interest Service ๊ณต์ต๊ทผ๋ฌด์š”์›์†Œ์ง‘๋Œ€์ƒ Called for Public Service ๊ณต์ต๋ณต๋ฌด์š”์› ์†Œ์ง‘๋Œ€์ƒ

Called for Social Service ์‚ฌํšŒ๋ณต๋ฌด์š”์›์†Œ์ง‘๋Œ€์ƒ Called for Social Service ์‚ฌํšŒ๋ณต๋ฌด์š”์› ์†Œ์ง‘๋Œ€์ƒ

Public interest service Personnel ๊ณต์ต๊ทผ๋ฌด์š”์› Social Service Personnel ๊ณต์ต๊ทผ๋ฌด์š”์›

Social Service Personnel ์‚ฌํšŒ๋ณต๋ฌด์š”์› Social Service Personnel ์‚ฌํšŒ๋ณต๋ฌด์š”์›

Certificate of Military Registration

Certificate of Military Registration data notation[15][16]

English Korean

Name Hong Gil-dong ํ™ ๊ธธ๋™

Kim Han-guk ๊น€ ํ•œ๊ตญ

Birth date 12 Mar. 1979 790312

28 Mar. 2001 2001. 3.28

Physical grade Grade I, II, III, IV, V, VI, VII 1, 2, 3, 4, 5, 6, 7๊ธ‰

Draft Physical Examination Omitted ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์ƒ๋žต

Disposition for military service Preliminary Military Service ๋ณ‘์—ญ์ค€๋น„์—ญ

Subject to Draft Physical Examination ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ๋Œ€์ƒ

Active Service ํ˜„์—ญ

Enlisted in Active Service ํ˜„์—ญ๋ณ‘์ž…์˜๋Œ€์ƒ

Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ

Called for Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ์†Œ์ง‘๋Œ€์ƒ

Supplementary Service ๋ณด์ถฉ์—ญ

Called for Social Service ์‚ฌํšŒ๋ณต๋ฌด์š”์›์†Œ์ง‘๋Œ€์ƒ

Alternative Service ๋Œ€์ฒด์—ญ

Called for alternative service ๋Œ€์ฒด๋ณต๋ฌด์š”์›์†Œ์ง‘๋Œ€์ƒ

Reserve Service ์˜ˆ๋น„์—ญ

Subject to Follow-up Physical Examination ์žฌ์‹ ์ฒด๊ฒ€์‚ฌ๋Œ€์ƒ

Wartime Labor Service ์ „์‹œ๊ทผ๋กœ์—ญ

Exemption from Military Service ๋ณ‘์—ญ๋ฉด์ œ

Removal from Military Register ๋ณ‘์ ์ œ์ (6๋…„์ด์ƒ์ˆ˜ํ˜•)

Reason of disposition An only son ๋…์ž

Wounded in action or injured in the line of duty ์ „·๊ณต์ƒ

(Family member) wounded in action or injured in the line of duty (๊ฐ€์กฑ)์ „·๊ณต์ƒ

Difficulties in Earning a Livelihood ์ƒ๊ณ„์œ ์ง€๊ณค๋ž€

Not Completing Middle School ์ค‘ํ•™๊ต ์ค‘ํ‡ด์ดํ•˜

Long-term Waiting ์žฅ๊ธฐ๋Œ€๊ธฐ

Emigration ๊ตญ์™ธ์ด์ฃผ(์ด๋ฏผ)

Acquisition of the Permanent Residence Right ์˜์ฃผ๊ถŒ์ทจ๋“

Loss of nationality ๊ตญ์ ์ƒ์‹ค

Thirty-one years of age or older 31์„ธ์ด์ƒ

Thirty-six years of age or older 36์„ธ์ด์ƒ

Remaining in Physical Grade VII for one year or longer 7๊ธ‰1๋…„์ด์ƒ

Remaining in Physical Grade VII for two year or longer 7๊ธ‰2๋…„์ด์ƒ

Naturalization ๊ท€ํ™”

Multiracial child ํ˜ผํ˜ˆ์•„

Serving a sentence ์ˆ˜ํ˜•

Child born out of wedlock ํ˜ผ์ธ์™ธ ์ถœ์ƒ์ž

Excluded from the Public ์ œ์™ธ

Immigrated from the North of the Military Demarcation Line ๊ตฐ์‚ฌ๋ถ„๊ณ„์„  ์ด๋ถ์ง€์—ญ์—์„œ ์ด์ฃผ

Boot camp Army Recruit Training Center ์œก๊ตฐ ํ›ˆ๋ จ์†Œ

OO Replacement Center OO ๋ณด์ถฉ๋Œ€

OO Division OO ์‚ฌ๋‹จ

Draft examination Postponement of Draft Physical Examination (Studying Abroad) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(์œ ํ•™)

Postponement of Draft Physical Examination (Seafarer) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(์„ ์›)

Postponement of Draft Physical Examination (Residing Abroad) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(๊ตญ์™ธ์ด์ฃผ)

Postponement of Draft Physical Examination (Emigration) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(๊ตญ์™ธ๊ฑฐ์ฃผ)

Postponement of Draft Physical Examination (In Prison) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(์žฌ๊ฐ)

Evasion of Draft Physical Examination ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ ๊ธฐํ”ผ

Enlist of active Postponement of Conscription (Student) ์ž…์˜์—ฐ๊ธฐ(์žฌํ•™์ƒ)

Postponement of Conscription (Studying Abroad) ์ž…์˜์—ฐ๊ธฐ(์œ ํ•™)

Postponement of Conscription (Residing Abroad) ์ž…์˜์—ฐ๊ธฐ(๊ตญ์™ธ๊ฑฐ์ฃผ)

Postponement of Conscription (Emigration) ์ž…์˜์—ฐ๊ธฐ(๊ตญ์™ธ์ด์ฃผ)

Postponement of Conscription (Training in Research Institute) ์ž…์˜์—ฐ๊ธฐ(์—ฐ์ˆ˜)

Postponement of Conscription (Outstanding Athlete) ์ž…์˜์—ฐ๊ธฐ(์šฐ์ˆ˜์—ฐ์ˆ˜)

Postponement of Conscription Date ์ž…์˜์ผ์ž ์—ฐ๊ธฐ

Homecoming after Conscription ์ž…์˜ํ›„ ๊ท€๊ฐ€

Subject to Notice of Re-Conscription ์žฌ์ž…์˜ํ†ต์ง€๋Œ€์ƒ

Domestic Reason ๊ฐ€์‚ฌ์‚ฌ์ •

Employed Abroad ๊ตญ์™ธ์ทจ์—…

Residing in an Unreclaimed Area ๋ฏธ์ˆ˜๋ณต์ง€๊ตฌ๊ฑฐ์ฃผ

Application for Military Service ๊ตฐ ์ง€์›

Evasion of Conscription ์ž…์˜๊ธฐํ”ผ

Missing ํ–‰๋ฐฉ๋ถˆ๋ช…

(Medical/Judicial/Religious) Officer/Cadet Officer (์˜๋ฌด/๋ฒ•๋ฌด/๊ตฐ์ข…)์žฅ๊ต/์‚ฌ๊ด€ํ›„๋ณด์ƒ

Basic Branch Officer ๊ธฐ๋ณธ๋ณ‘๊ณผ์žฅ๊ต

Noncommissioned Cadet Officer ๋ถ€์‚ฌ๊ด€ ํ›„๋ณด์ƒ

Enlistment in OO OO ํŽธ์ž…

Removed from OO OO ์ œ์ 

Call of supplementary service, etc. Postponement of Call (Student) ์†Œ์ง‘์—ฐ๊ธฐ(์žฌํ•™์ƒ)

Postponement of Call (Studying Abroad) ์†Œ์ง‘์—ฐ๊ธฐ(์œ ํ•™)

Postponement of Call (Seafarer) ์†Œ์ง‘์—ฐ๊ธฐ(์„ ์›)

Postponement of Call (Residing Abroad) ์†Œ์ง‘์—ฐ๊ธฐ(๊ตญ์™ธ๊ฑฐ์ฃผ)

Postponement of Call (Emigration) ์†Œ์ง‘์—ฐ๊ธฐ(๊ตญ์™ธ์ด์ฃผ)

Postponement of Call (Training in Research Institute) ์†Œ์ง‘์—ฐ๊ธฐ(์—ฐ์ˆ˜)

Postponement of Call (Outstanding Athlete) ์†Œ์ง‘์—ฐ๊ธฐ(์šฐ์ˆ˜์—ฐ์ˆ˜)

Postponement of Call Date ์†Œ์ง‘์ผ์ž์—ฐ๊ธฐ

Exemption from Call ์†Œ์ง‘๋ฉด์ œ

Evasion from Call ์†Œ์ง‘๊ธฐํ”ผ

Enlistment in OO (์‚ฐ์—…์š”์›๋“ฑ)ํŽธ์ž…

Cancellation of Enlistment in OO OO ํŽธ์ž…์ทจ์†Œ

Advance Service ์„ ๋ณต๋ฌด

Social Service Personnel ์‚ฌํšŒ๋ณต๋ฌด์š”์›

International Cooperation Service Personnel ๊ตญ์ œํ˜‘๋ ฅ๋ด‰์‚ฌ์š”์›

Art and Sports Personnel ์˜ˆ์ˆ ์ฒด์œก์š”์›

Expert Research Personnel ์ „๋ฌธ์—ฐ๊ตฌ์š”์›

Industrial Technical Personnel ์‚ฐ์—…๊ธฐ๋Šฅ์š”์›

International Cooperative Doctor ๊ตญ์ œํ˜‘๋ ฅ์˜์‚ฌ

Public-Service Advocate ๊ณต์ต๋ฒ•๋ฌด๊ด€

Public Health Doctor ๊ณต์ค‘๋ณด๊ฑด์˜์‚ฌ

Doctor Exclusively in Charge of Draft Physical Examination ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์ „๋‹ด์˜์‚ฌ

Onboard Ship Reserve Service ์Šน์„ ๊ทผ๋ฌด์˜ˆ๋น„์—ญ

Alternative Service Personnel ๋Œ€์ฒด๋ณต๋ฌด์š”์›

Others Ban on foreign travel (a person who has stayed in the country for one year or longer) ์ถœ๊ตญ๊ธˆ์ง€(1๋…„์ด์ƒ ๊ตญ๋‚ด์ฒด์žฌ)

Removal of the ban on foreign travel (others)

Jehovah's Witnesses ์—ฌํ˜ธ์™€์˜ ์ฆ์ธ

Departure before age 24 24์„ธ์ด์ „์ถœ๊ตญ

Period of Mandatory Service ์˜๋ฌด๋ณต๋ฌด๊ธฐ๊ฐ„

Exclusion from the Military Service ๊ตฐ๋ณต๋ฌด ์ œ์™ธ๊ธฐ๊ฐ„

Short-term overseas travel ๋‹จ๊ธฐ์—ฌํ–‰

Illegal stay in a foreign country ๊ตญ์™ธ๋ถˆ๋ฒ•์ฒด์žฌ

Violation of duty to obtain permission for overseas travel ๊ตญ์™ธ์—ฌํ–‰ํ—ˆ๊ฐ€์˜๋ฌด์œ„๋ฐ˜

Forces Army ์œก๊ตฐ

Navy ํ•ด๊ตฐ

Air Force ๊ณต๊ตฐ

Marine, Subordinate to ROK Navy ํ•ด๋ณ‘๋Œ€

Expiration date Indefinite ๋ฌด๊ธฐํ•œ

6 Months 6์›”

Type of service Reserve Service ์˜ˆ๋น„์—ญ

Recruit Service ๋ณด์ถฉ์—ญ

Exemption from the Service ๋ฉด์—ญ

Retirement from the Service ํ‡ด์—ญ

Removal from Military Register ๋ณ‘์ ์ œ์ 

Discharge Discharge from Military Service ์ „์—ญ

Discharge from Military Service by Application ์›์— ์˜ํ•œ ์ „์—ญ

Forced Discharge from Military Service ์›์— ์˜ํ•˜์ง€ ์•„๋‹ˆํ•œ ์ „์—ญ

Home on Leave from Military Service ๊ท€ํœด์ „์—ญ

Discharge from Military Service as Woman ์—ฌ๊ตฐ์ „์—ญ

Completion of Service ๋ณต๋ฌด๋งŒ๋ฃŒ

Completion of Service(Release from Call) ๋ณต๋ฌด๋งŒ๋ฃŒ(์†Œ์ง‘ํ•ด์ œ)

Completion of Military Service ๋งŒ๊ธฐ

Age Limit ์—ฐ๋ น์ •๋…„

Disease ์˜๋ณ‘

Domestic Reason ๊ฐ€์‚ฌ์‚ฌ์ •(์˜๊ฐ€์‚ฌ)

Difficulties in Maintaining Household ์ƒ๊ณ„๊ณค๋ž€

An only son ๋…์ž

wounded in action or injured in the line of duty ์ „·๊ณต์ƒ

Emigration ๊ตญ์™ธ์ด์ฃผ

Disqualification ์‹ ๋ถ„์ƒ์‹ค

Exclusion to the Public ์ œ์™ธ

Secession from Military Service ๊ตฐ๋ณต๋ฌด์ดํƒˆ(์‚ญ์ œ)

Removal from the Army Register ๊ตฐ ์ œ์ 

Self-Surrender ์ž์ˆ˜์‹ ๊ณ 

National Land Construction Corps ๊ตญํ† ๊ฑด์„ค๋‹จ

Volunteer Soldier as a Student ํ•™๋„์˜์šฉ๊ตฐ

Military Service Act ๋ณ‘์—ญ๋ฒ•

Enforcement Decree of Military Service Act ๋ณ‘์—ญ๋ฒ•์‹œํ–‰๋ น

Detailed Enforcement Regulation of Military Service Act ๋ณ‘์—ญ๋ฒ• ์‹œํ–‰๊ทœ์น™

Combatant police, etc. Combatant Police Officer ์ „ํˆฌ๊ฒฝ์ฐฐ

Auxiliary Police Officer ์˜๋ฌด๊ฒฝ์ฐฐ

Obligatory Fireman ์˜๋ฌด์†Œ๋ฐฉ

Coast Guard ํ•ด์–‘๊ฒฝ์ฐฐ

Correctional Guard ๊ฒฝ๋น„๊ต๋„

Legal Military service age

The age standard is from January 1 to December 31 of the year of age.

โ– : Age group of Mandatory Military service

โ– : Age group of Mandatory Military service in Wartime

Age Mandatory military service Duty of conscription examination and enlist, etc. Type of service Note

17 or younger Military Manpower Administration takes over the Identity registration data of persons (17-year-old male) who are enrollment to Military Service Registration(Assignment the Preliminary Military Service) in the following year from the Ministry of the Interior, and transmits them to the Local Military Manpower Office.

18 Subject for Mandatory Military service of Peacetime No, but voluntary enlistment possible.

- Assignment the Preliminary Military Service.

- Persons with disabilities registered under the Disabled registration system is Wartime Labor Service or Exemption from Military Service.Note 1

1.Age group subject to Civil Defense Corps under the Framework Act on Civil Defense from the age of 20[17]

2.Subject to a return order from the chief of staff of each military if he desertied while serving on the basis of active duty soldiers.

3.Reserve soldiers and Completed their service Supplementary soldiers in the Age group of Exemption from Duty of conscription examination and enlist, etc.(38 to 40 years old, 38 to 45 years old in Wartime) can be assigned to the Reserve Force according to the Reserve Forces Act on a wartime basis.[18]

19 to 35 All Military service obligators are obligated to Conscription examination and Enlist/Call-up(Passed person from Conscription examination. Active duty is Enlist, Supplementary Service is Call-up) 1.According to the results of the Conscription examination.(Military Disposition. Active duty, Supplementary service, Wartime labor service or Exempted from Military service)

2.When the Mandatory service(Active service) period is completed, they are transferred to reserve service.

36 to 37 1.In the peacetime, General Military service obligators are no Conscription examination and Enlist/Call-up

2.In the peacetime, Military Service Act Violators, Oversea stayer, etc. are obligated to Conscription examination. When disposed of as a Supplementary service, there is an Obligation to convene Public service.

3.In the wartime, All Military service obligators are obligated to enlist as conscription examination and active duty.

1.Same as above.

2.Military Service Act Violators, Overseas stayer, etc. are Subject to Supplementary service, Wartime Labor Service or Exempted from Military service according to the results of the Conscription examination.

38 to 40 In any case, No duty of Conscription Examination and Enlist. Same as above.

41 to 45 1.End of Mandatory Military service from Peacetime(Soldier ranks)

2.Extension of Mandatory Military service from Wartime Exemption from Service for Active Soldiers, Reserve Soldiers, Supplementary Soldiers, Wartime Labor Service in PeacetimeNote 2 Reserve soldiers and Completed their service Supplementary soldiers can be assigned to the Reserve Force according to the Reserve Forces Act on a Wartime basis.

46 or older End of Mandatory Military service from Peacetime and Wartime. Exemption from Service for Active, Reserve, Supplementary Soldiers, Wartime Labor Service in Peacetime and WartimeNote 2 Expanded 50 years of age for the Wartime Civil Defense Corps

Note 1: Some disabled person (mild disabled person). If the disability status of a disabled person changes at the age of 19, or if a reason for the return of the disabled registration card occurs, a Conscription Examination shall be performed.

Note 2:

Republic of Korea Armed Forces soldier (Byeong) ranks

English Korean

Army Navy Air Force Marine Corps

Sergeant Petty Officer Second Class Staff Sergeant Sergeant ๋ณ‘์žฅ

Corporal Petty Officer Third Class Senior Airman Corporal ์ƒ๋“ฑ๋ณ‘

Private First Class Seaman Airman First Class Lance Corporal ์ผ๋“ฑ๋ณ‘

Private Second Class Seaman Apprentice Airman Private First Class ์ด๋“ฑ๋ณ‘

Note 3: Retirement of Officers, Warrant officers, and Noncommissioned officers when they reach retirement age of rank from Military Personnel Management Act.[19]

History of military service age

1971 to 1984

Age Mandatory military service Duty of conscription examination and enlist, etc. Type of service

17 or younger — None. —

18 to 19 Subject for Mandatory Military service of Peacetime Assignment the 1st Citizen Service.

20 to 30 All Military service obligators are obligated to Conscription examination and Enlist/Call-up (Passed person from Conscription examination. Active duty is Enlist, Supplementary Service is Call-up) 1.According to the results of the Conscription examination. (Military Disposition. Active duty, Supplementary service, Wartime labor service or Exempted from Military service)

2.Those who are not Active (Serving), Reserve, or Supplementary Service are the 1st Citizen service.

3.When the Mandatory service (Active service) period is completed, they are transferred to Reserve service.

31 to 35 1.In peacetime, All Military Service Obligators (Including those Military Service Act Violators, Oversea stayer, etc.) are no Conscription examination, Enlist, Supplementary Service Call-up (Exemption from Call)Note 1

2.In the wartime, All Military service obligators are obligated to enlist as conscription examination and active duty. 1.Same as above.

2.The 1st Citizen service that has not been Conscription examination and those Subject to Active Enlist (Subject to draft) who have not been notified of Active draft are transferred to Supplementary service.

36 to 40 In any case, No duty of Conscription Examantion and Enlist.

41 to 45 1.End of Mandatory Military service from Peacetime (Soldier ranks)

2.Extension of Mandatory Military service from Wartime Exemption from Service for Active Soldiers, Reserve Soldiers, Supplementary Soldiers, Wartime Labor Service in PeacetimeNote 2

46 or older End of Mandatory Military service from Peacetime and Wartime. Exemption from Service for Active, Reserve, Supplementary Soldiers, 2nd Citizen Service in Peacetime and WartimeNote 2

Note 1: According to Article 7 of the Military Service Act Addenda in 1971, Military Service Act Violators(Conscription examination or Enlist refusers/dodgers) as of the enforcement year(1971) are obligated to Conscription examination and enlist.[20]

Note 2: Retirement of Officers, Warrant officers, and Noncommissioned officers when they reach retirement age of rank.

1984 to 1993

Age Mandatory military service Duty of conscription examination and enlist, etc. Type of service

17 or younger a 17-year-old person (17-year-old male) must report the incorporation of the 1st Citizen service to the Town mayor or Village Chief. No, But Possible the Voluntary enlist.

18 Subject for Mandatory Military service of Peacetime not enlisted from 1st Citizen Service

19 to 30 All Military service obligators are obligated to Conscription examination and Enlist/Call-up (Passed person from Conscription examination. Active duty is Enlist, Supplementary Service is Call-up) 1.According to the results of the Conscription examination. (Military Disposition. Active duty, Supplementary service, Wartime labor service or Exempted from Military service)

2.Those who are not Active (Serving), Reserve, or Supplementary Service are the 1st Citizen service.

3.When the Mandatory service (Active service) period is completed, they are transferred to Reserve service.

31 to 35 1.In the peacetime, All Military Service Obligators (Including those Military Service Act Violators, Oversea stayer, etc.) are no Conscription examination, Enlist, Supplementary Service Call-up (Exemption from Call)

2.In the wartime, All Military service obligators are obligated to enlist as conscription examination and active duty. 1.Same as above.

2.The 1st Citizen service that has not been Conscription examination and those Subject to Active Enlist (Subject to draft) who have not been notified of Active draft are transferred to Supplementary service.

36 to 40 In any case, No duty of Conscription Examantion and Enlist.

41 to 45 1.End of Mandatory Military service from Peacetime (Soldier ranks)

2.Extension of Mandatory Military service from Wartime Exemption from Service for Active Soldiers, Reserve Soldiers, Supplementary Soldiers, Wartime Labor Service in PeacetimeNote

46 or older End of Mandatory Military service from Peacetime and Wartime. Exemption from Service for Active, Reserve, Supplementary Soldiers, 2nd Citizen Service in Peacetime and WartimeNote

Note: Retirement of Officers, Warrant officers, and Noncommissioned officers when they reach retirement age of rank.

1994 to 2010

Age Mandatory military service Duty of conscription examination and enlist, etc. Type of service

17 or younger a 17-year-old person (17-year-old male) must report the incorporation of the 1st Citizen service to the Town mayor or Village Chief. (Before February 5, 1999)

Military Manpower Administration takes over the Identity registration data of persons (17-year-old male) who are enrollment to Military Service Registration (Assignment the Preliminary Military Service) in the following year from the Ministry of the Interior, and transmits them to the Local Military Manpower Office. (After February 5, 1999)

18 Subject for Mandatory Military service of Peacetime No, but voluntary enlistment is possible. Assignment the 1st Citizen Service.

Persons with disabilities registered under the Disabled registration system is Wartime Labor Service or Exemption from Military Service.

19 to 30 All Military service obligators are obligated to Conscription examination and Enlist/Call-up (Passed person from Conscription examination. Active duty is Enlist, Supplementary Service is Call-up) 1.According to the results of the Conscription examination. (Military Disposition. Active duty, Supplementary service, Wartime labor service or Exempted from Military service)

2.When the Mandatory service (Active service) period is completed, they are transferred to reserve service.

31 to 35 1.In the peacetime, General Military service obligators are no Conscription examination and Enlist/Call-up

2.In the peacetime, Military Service Act Violators, Oversea stayer, etc. are obligated to Conscription examination. When disposed of as a Supplementary service, there is an Obligation to convene Public service.

3.In the wartime, All Military service obligators are obligated to enlist as conscription examination and active duty.

1.Same as above.

2.Military Service Act Violators, Overseas stayer, etc. are Subject to Supplementary service, Wartime Labor Service or Exempted from Military service according to the results of the Conscription examination.

38 to 40 In any case, No duty of Conscription Examination and Enlist. Same as above.

41 to 45 1.End of Mandatory Military service from Peacetime (Soldier ranks)

2.Extension of Mandatory Military service from Wartime Exemption from Service for Active Soldiers, Reserve Soldiers, Supplementary Soldiers, Wartime Labor Service in PeacetimeNote

46 or older End of Mandatory Military service from Peacetime and Wartime. Exemption from Service for Active, Reserve, Supplementary Soldiers, Wartime Labor Service in Peacetime and WartimeNote

Note: Retirement of Officers, Warrant officers, and Noncommissioned officers when they reach retirement age of rank.

Determination criteria of physical grades

There are seven physical grades. Grade name is I, II, III, IV, V, VI and VII. Before 1984 grades name is A, B (respectively B-I, B-II, B-III), C, D and E

Before 1984 After 1984

Name Korean Name Korean

Grade A ๊ฐ‘์ข… Grade I 1๊ธ‰

Grade B-I ์ œ1์„์ข… Grade II 2๊ธ‰

Grade B-II ์ œ2์„์ข… Grade III 3๊ธ‰

Grade B-III ์ œ3์„์ข… Grade IV 4๊ธ‰

Grade C ๋ณ‘์ข… Grade V 5๊ธ‰

Grade D ์ •์ข… Grade VI 6๊ธ‰

Grade E ๋ฌด์ข… Grade VII 7๊ธ‰

I, II, III and IV is Accepted, and grades V, VI and VII is Rejected.

The criteria for determining the physical grade shall be in accordance with Attached form 2 and 3 of the "Rules for examination of Conscription Physical Examination, etc.(๋ณ‘์—ญํŒ์ • ์‹ ์ฒด๊ฒ€์‚ฌ ๋“ฑ ๊ฒ€์‚ฌ๊ทœ์น™ [ko])" Attached form 2 sets the criteria for determining height and weight. Attached form 3 is the evaluation criteria for diseases and mental and physical disabilities, which vary from year to year.

In the following criteria, diseases and mental and physical disabilities are described mainly as representative or known.

Physical grades Accepted or Rejected Standards[21] Type of military service[22]

I Accepted Physical and Psychological constitution is healthy, and can serve in active duty or supplementary service.

Active duty, Supplementary service, and Wartime labor service based on Qualifications (Educational background, Age, etc.)

2

3

4

5 Rejected Those incapable of entering active or supplementary service, but capable of entering the wartime labor service Wartime labor service

6 Those incapable of performing military service due to disease or mental or physical disorder Exempted from Military service

7 In the case where grades I, II, III, IV, V, VI cannot be received due to Disease or Mental and Physical disability Subject to Rephysical examination

Physical grade Height (centimeters), weight (BMI) Disease or disabled

I

Height 161๏ฝž203.9 cm๏ผšBMI20.0๏ฝž24.9

A completely healthy person without illness or physical disability

Those in good condition after treatment of acute infectious diseases

II

Height 161๏ฝž203.9 cm๏ผšBMI18.5๏ฝž19.9ใƒปBMI25.0๏ฝž29.9

Allergic rhinitis

III

Height 159๏ฝž160 cm๏ผšBMI16.0๏ฝž34.9

Height 161๏ฝž203.9 cm๏ผšBMI16.0๏ฝž18.4, BMI30.0๏ฝž34.9

Hepatitis B carrier

Conservative treated or Operated PneumothoraxNote 1

Mental disease

Minor, Mild Depression

Minor, Mild Obsessive-compulsive disorder

Several Developmental Disability (ADHD, Learning Disability)

IV

Height 146๏ฝž158 cm

Height 159๏ฝž203.9 cm: Below BMI16.0 and BMI35.0 or Over

Height 204 cm or Over

Case of endoscopic surgery with either Early gastric cancer, Early colorectal cancer, or Carcinoid

Prodrome of Skin malignant tumor(Giant acromegaly condyloma, Bowen disease), Basal cell carcinoma

Mental disease

Borderline intellectual functioning

Mild Autism Spectrum Disorder (High-functioning Autism, Asperger Syndrome, PDD-NOS without Intellectual Disability)

V

Height 140.1๏ฝž145 cm

Mental disease

Schizophrenia

Gender dysphoria

Mild Intellectual Disability

Autism Spectrum Disorder without Intellectual Disability (High-functioning Autism, Asperger Syndrome, PDD-NOS without Intellectual Disability)

VI

Height 140 cm or Below

Malignant tumor (Cancer)

Metastasized skin cancer

Bone cancer

HIV carrier

Hansen's Disease (Leprosy)

Mental disease

Schizophrenia with Personality devastated

Moderate, Severe and Profound Intellectual Disability

Autism Spectrum Disorder with Intellectual Disability (Low-functioning autism, Childhood disintegrative disorder)

VII

Note 1: Surgery due to pneumothorax is Grade V in 1992.

Disposition for military service by educational background and physical grade

According to Article 14 of the Military Service Act, grades I to IV are based on qualifications (education, age, etc.) and are subject to active service, supplementary, wartime workers, Grade V exemptions, Grade VI exemptions, and Grade VII medical examinations. The criteria for disposing of active duty or supplementary officers in grades I to IV are determined by the Military Manpower Administration's announcement (annual announcement of conscription inspection). According to the announcement, the criteria for military service are as follows.

Active duty (ํ˜„์—ญ, Subject to Enlist for Active duty. Subject to Draft)

Mix of active and supplementary

Supplementary service (๋ณด์ถฉ์—ญ)

Wartime labor service (์ „์‹œ๊ทผ๋กœ์—ญ)[23]

Exempted from Military service (๋ณ‘์—ญ๋ฉด์ œ)

Subject to Physical Reexamination (์žฌ๊ฒ€์‚ฌ๋Œ€์ƒ)

Disposition for military service by educational background and physical grade (after 2021)

Educational background Physical grade

I II III IV V VI VII

Regardless Active duty Supplementary service Wartime Labor Service Exempted from Military service Subject to Physical reexamination

History of disposition for military service

1950s to 1969

Before the 1970s, the criteria for disposition of active duty and supplementary military service cannot be confirmed due to lack of data at the time.[24]

in 1950 to 1955

1950: It was the first year in the Republic of Korea that the Conscription was implemented. At that year, due to the limitation of 100,000 troops by the Korean military, the conscription system and Conscription Examination were suspended. However, in June of the same year, when the Korean War broke out, there was an unofficial conscription.

1952: As the Conscription system was Implemented again, Conscription Examination began again.

Educational

background Physical grade

A B-I B-II C D E

Regardless Accepted (Active duty, 1st Supplementary service, 2nd Supplementary service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1956

Educational background Physical grade

A B-I C D E

Regardless Accepted (Active duty, 1st Supplementary military service, 2nd Supplementary military service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1957

The supplementary military service was abolished by the enforcement of the revised Military Service Act from August 1957.[25]

Educational background Physical grade

A B-I B-II C D E

Regardless Accepted

(Active duty, 1st Supplementary military service, 2nd Supplementary military service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1958 to 1960

On February 24, 1958, there were Re-examination measures after canceling the judgment on 45,000 Grade C judges in the 1950 to 1957 Conscription examination.

Educational background Physical grade

A B-I B-II B-III C D E

Regardless Accepted (Active duty) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1961

There was a physical examination of public officials who were judged to be Grade C.

In 1961, there was a physical examination of 128,422 embroidered persons who reported between June 21 and June 30, which was set as the period for reporting embroidery of those who failed to serve in the military.

Educational background Physical grade

A B-I B-II C D E

Regardless Accepted (Active duty) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1962

Those born on or after January 1, 1930, who have been punished for active service under the Military Service Act enacted before October 1, 1962, and who have not joined the army, will be transferred to the 1st supplementary role and will be supplemented. (Except for those who joined the National Land Construction Team(๊ตญํ† ๊ฑด์„ค๋‹จ [ko]) in 1961.)

Educational background Physical grade

A B-I B-II B-III B-IV B-V C D E

Regardless Accepted (Active duty)

(After Oct, 1st 1962, Active duty, 1st Supplementary service, 2nd Supplementary service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1963 to 1969

Among those who were examined for conscription in 1962, those who were judged to be Grade B4 and B5 were transferred to Grade C and converted to 2nd Citizen service.

Educational background Physical grade

A B-I B-II B-III C D E

Regardless Accepted (Active duty, 1st Supplementary service, 2nd Supplementary service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

After 1970s

1970

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout

Elementary school Graduated

Elementary school Dropout or less Active duty Supplementary service

1971

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout Active duty Supplementary service

Elementary school Graduated

Elementary school Dropout or less Active duty Supplementary service

1972

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout

Elementary school Graduated

Elementary school Dropout or less Active duty Supplementary service

1973

Middle school Graduated or more

Grade A, B-I, B-II: Active duty

Grade B-III: Supplementary service

Elementary school Graduated or more, Middle school Dropout or less

Grade A: Active duty

Grade B-I, B-II, B-III: Supplementary service

Elementary school Dropout or less: 2nd Citizen service

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout Active duty Supplementary service

Elementary school Graduated

Elementary school Dropout or less 2nd Citizen service

1974 to 1976

College attending or more

Grade A, B-I, B-II: Active duty

Grade B-III: Supplementary service

Middle school Graduated or more, High school Dropout or less

Grade A, B-I: Active duty

Grade B-II, B-III: Supplementary service

Elementary school Graduated or more, Middle school Dropout or less

Grade A: Active duty

Grade B-I, B-II, B-III: Supplementary service

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Graduated

Middle school Graduated

Middle school Dropout Active duty Supplementary service

Elementary school Graduated

Elementary school Dropout or less 2nd Citizen service

1977 to 1979

College attending or more

Grade A, B-I, B-II, B-III: Active duty

High school Graduated or less

Grade A, B-I: Active duty

Grade B-II, B-III: Supplementary service

Middle school Dropout or less: 2nd Citizen service

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1980 to 1983

College attending or more

ใ€€Grade A, B-I, B-II: Active duty

ใ€€Grade B-III: Supplementary service

High school Graduated or less

ใ€€Grade A: Active duty

ใ€€Grade B-I, II, III: Supplementary service

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1984

In 1984, Change of Physical Grade Name.

Before 1984 After 1984

Name Korean Name Korean

A ๊ฐ‘์ข… I 1๊ธ‰

B-I ์ œ1์„์ข… II 2๊ธ‰

B-II ์ œ2์„์ข… III 3๊ธ‰

B-III ์ œ3์„์ข… IV 4๊ธ‰

C ๋ณ‘์ข… V 5๊ธ‰

D ์ •์ข… VI 6๊ธ‰

E ๋ฌด์ข… VII 7๊ธ‰

College attending or more

ใ€€Grade I, II, III: Active duty

ใ€€Grade IV: Supplementary service

High school Graduated

ใ€€Grade I, II: Active duty

ใ€€Grade III, IV: Supplementary service

High school Dropout or less

ใ€€Grade I: Active duty

ใ€€Grade II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Dropout Active duty Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1985

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated Active duty Supplementary service

Middle school Dropout or less 2nd Citizen service

1986

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated Active duty Supplementary service

Middle school Dropout or less 2nd Citizen service

1987

High school Graduated or more

ใ€€Grade I, II: Active duty

ใ€€Grade III, IV: Supplementary service

High school Dropout or less

ใ€€Grade I: Active duty

ใ€€Grade II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Active duty Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1988 to 1991

1988: Skipped Conscription Examination of Elementary school Graduated or less

1989: Those aged 25 or older among those graduating from High school will be converted to Supplementary service.

June 1, 1991: High school graduates who are 162 centimeters or less, high school graduates and those who are above university students, and who are Grade II (and III, IV) due to myopia of ophthalmology, will be converted to Supplementary service. (A person who was Conscription examined from 1990)

November 15, 1991: Those who graduated from high school and a Physical grade II will be converted to Supplementary service. (A person who was Conscription examined from 1991)

January 1, 1992: Middle school Dropout or less is Supplementary service. (Exemption from Call of Bangwi)

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1992

Middle school Graduated or more, Physical grade I, II, III, IV: Active duty. But, on October 30 of the same year, it was changed as follows:

High school Graduated or more, Physical grade III, IV: converted to Supplementary service

High school Dropout or less, Physical grade I, II, III, IV: converted to Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1993

High school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

High school Dropout and Middle school Graduated with Grade I, II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1994

High school Graduated or more with Grade I, II, III, IV: Active duty

High school Dropout

Grade I: Active duty

Grade II, III, IV: Supplementary service

Middle school Graduated with Grade I, II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Active duty Supplementary service

Middle school Graduated Supplementary service

Middle school Dropout or less 2nd Citizen service

1995 to 1996

High school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Those who graduated from middle school and a Physical grade I, II, III, IV will be converted to Supplementary service from 1996

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1997

High school Dropout or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Middle school Graduated

Grade I, II, III, IV: Supplementary service

High school Dropout with Physical grade III: converted to Supplementary service from June 2, 1997

High school Dropout with Physical grade II: converted to Supplementary service from January 1, 1998

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated Supplementary service

Middle school Dropout or less 2nd Citizen service

1998 to 2003

High school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Middle school Graduated, High school Dropout

Grade I, II, III, IV: Supplementary service

1999 to 2011

Skipped Conscription Examination with Transferred the 2nd Citizen service of Middle school Dropout or less in 1999 to 2011

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

2004

Middle school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

2005

College attending or more with Grade I, II, III, IV: Active duty

Middle school Graduated and High school Dropout

Grade I, II, III: Active duty

Grade IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

2006 to 2011

Middle school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

2012 to 1st half of 2015

Middle school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Middle school Dropout or less with Physical Grade I, II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less Supplementary service

External links

(in Korean) Public Notice of Draft examination in 2014(Military Manpower Administration Public Notice No. 2014-2)

2nd half of 2015 to 2020

High school Graduated or more

Grade I, II and III: Active duty

Grade IV: Supplementary service

High school Dropout of less with Physical grade I, II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service Wartime Labor Service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout or less Supplementary service

External links

(Korean) Public Notice of Draft examination in 2016(Military Manpower Administration Public Notice No. 2016-3)

(Korean) Public Notice of Draft examination in 2017(Military Manpower Administration Public Notice No. 2017-1)

(Korean) Public Notice of Draft examination in 2018(Military Manpower Administration Public Notice No. 2018-1)

(Korean) Public Notice of Draft examination in 2019(Military Manpower Administration Public Notice No. 2019-1)

(Korean) Public Notice of Draft examination in 2020(Military Manpower Administration Public Notice No. 2020-1)

Service types and length

Grade 1, 2, 3 and 4: those are suitable for military service (ํ˜„์—ญ)

The length of compulsory military service in South Korea varies based on military branch.[26][unreliable source?] Active duty soldiers serve 1 year 6 months in the Army or Marine Corps, 1 year 8 months in the Navy, or 1 year 9 months in the Air Force.[27] After conscripts finish their military service, they are automatically placed on the reserve roster and are obligated to attend 3 days of annual military training for 6 years[citation needed] (5 years from 2021).

Non-active duty personnel, or "supplemental service" personnel serve for various lengths: 1 year 9 months for social work personnel (better known as public service workers - personnel ordered to do public service work at places that require auxiliary workers such as local community centers like city halls, government agencies, and public facilities like subway stations);[28] 2 years 10 months for arts and sports personnel or industrial technical personnel; and 3 years for public health doctors, lawyers, veterinarians, or expert researchers.[29]

In 2010, there was growing public pressure to either shorten the length of conscription or to switch to voluntary military service, and calls from experts for a gradual phasing out of conscription rather than complete abolition.[30] However, in December 2010, after taking into consideration of the 2010 ROKS Cheonan sinking and Bombardment of Yeonpyeong incidents, the South Korean government said it would not reduce service periods.[31]

Grade 4: those are unsuitable for military service

Art and sports personnel

Artists and players who have won government accredited competitions are allowed to work as 'Art and Sports Personnel'. After a month of military training, Art and Sports Service agents work through their specialties to finish their military services; e.g. in professional sports teams, art galleries, museums or orchestra bands. Unlike other service agents who are working at factories, farms, universities, institutes or nursing homes, Art and Sports Service agents are allowed to work abroad.[citation needed]

Former president Park Chung Hee introduced exemptions for athletes in 1973 to win more medals for the country; some historians believe this also served as a distraction against the government's unpopularity.[32] After winning a gold medal at the 1976 Summer Olympics, wrestler Yang Jung-mo was granted the first exemption. In the 1980s, president Chun Doo-hwan promised exemptions to any athlete who won a medal of any kind at either the 1986 Asian Games or the 1988 Summer Olympics.[32]

When South Korea co-hosted the FIFA World Cup in 2002, their national football team was guaranteed an exemption if they reached the round of 16; the same promise was made to the national baseball team in 2006 if they reached the semifinals of the World Baseball Classic. Public outrage ensued, and similar exemptions have been rarely granted since.[32]

Current conscription regulations stipulate that athletes who win medals in the Olympic Games or gold medals in the Asian Games are granted exemptions from military service and are placed in Grade 4.[33] They are required to do four weeks of basic military training and engage in sports field for 42 months. After that, they are automatically placed on the reserve roster, and are obligated to attend a few days of annual military training for six years. In practice, after athletes finish their four weeks of basic military training, they are able to continue their own sports career during the 34 months of duty.[34]

The policy has resulted in coaches being accused of selecting players desperate to avoid military service instead of choosing the best athletes. Parents encourage their children to pursue sports in hopes of them receiving an exemption.[32]

Notable athletes who have been granted exemptions from military service are the bronze medal-winning men's football team at the 2012 Summer Olympics,[35][36] 2008 Olympic gold medalist badminton player Lee Yong-dae,[37] swimmer Park Tae-hwan,[38][39] 2014 Asian Games gold medalist tennis player Chung Hyeon,[40] 2018 Asian Games gold medalist footballer Son Heung-min, and 2018 Asian Games gold medalist baseball player Lee Jung-hoo.

Esports players were not exempt from conscription until 2023, when esports became a regular event at the 2022 Asian Games.[41][failed verification] Because esports had become a medal event in these games, it became possible for players to be exempt from conscription, so long as they won a gold medal in the games. The gold medal-winning roster of the country's national esports team became the first players to be granted the exemption.[42]

A total of 220 exemptions were granted from 2008 to 2018.[32]

Exemptions are also granted to classical musicians and ballet performers who win first place in stipulated international-level competitions. A two-year extension for notable K-pop artists (from a law that was passed in December 2020) could also be given by government for their career, the age for joining military is 30 (which previously was 28). Some resources and media outlets claim that the primary reason for this amendment was singer-songwriter Jin, who, at the time, was about to turn 28.[43][44] As his group BTS has had a huge impact (especially in the music industry) worldwide and contributed greatly to the spread of Korean culture and the Hallyu Wave, exemptions for them were in talks for a few years.[45][46] Despite this, BTS' record label, Big Hit Music, announced on October 17, 2022, that Jin withdrew his enlistment deferral request and will be the first in the group to enter into mandatory military service, with other members of BTS to be enlisted on a later date.[47]

Conscientious objection

The right to conscientious objection was not recognized in South Korea until recently. Over 400 men were typically imprisoned at any given time for refusing military service for political or religious reasons in the years before right to conscientious objection was established.[48]

On 28 June 2018, the South Korean Constitutional Court ruled the Military Service Act unconstitutional and ordered the government to accommodate civilian forms of military service for conscientious objectors.[49] Later that year on 1 November 2018, the South Korean Supreme Court legalized conscientious objection as a basis for rejecting compulsory military service.[50]

Salary and benefits

Salary per month in 2017[51]

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ163,000

โ‚ฉ176,400

โ‚ฉ195,500

โ‚ฉ216,000

Salary per month in 2018

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ306,100

โ‚ฉ331,300

โ‚ฉ366,200

โ‚ฉ405,700

Salary per month in 2019

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ306,100

โ‚ฉ331,300

โ‚ฉ366,200

โ‚ฉ405,700

Salary per month in 2020

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ408,100

โ‚ฉ441,700

โ‚ฉ488,200

โ‚ฉ540,900

Salary per month in 2021

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ459,100

โ‚ฉ496,900

โ‚ฉ549,200

โ‚ฉ608,500

Salary per month in 2022

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ510,100

โ‚ฉ552,100

โ‚ฉ610,200

โ‚ฉ676,100

Salary per month in 2023

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ600,000

โ‚ฉ680,000

โ‚ฉ800,000

โ‚ฉ1,000,000

Equipment

The Ministry of National Defense has revealed that it failed to provide sneakers to 7,411 recruits who joined the military from 22 May to 4 June 2012, after the budget was insufficient for need. The Defense ministry originally projected the cost of each pair of sneakers to be 11,000 KRW. However, the actual cost turned out to be 15,000 KRW.[52]

The office of National Assembly member Kim Kwang-jin of Democratic United Party revealed that cadets in Korea Military Academy were provided with sneakers worth 60,000 KRW and tennis shoes. Cadets in Korea Army Academy at Yeongcheon were provided with sneakers worth 64,250 KRW, in addition to running shoes and soccer shoes.[53]

Dual citizens

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[54] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[55] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[56]

Racial minorities

In 2011, the government dropped race-based requirements for mix-raced Korean nationals conscripted into the armed forces.[57] However, there currently is no law allowing non-ethnic Korean citizens conscription into the armed forces. All naturalized citizens and citizens not of partial Korean ethnicity have a choice of whether to enlist or not.

Controversies

Violation of Forced Labour Convention

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[58] However, ILO defines conscription of non-military purpose as forced labour.[59]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. A majority (+90%) of the "Reserve - class 4 -" group work as "social service agents" (์‚ฌํšŒ๋ณต๋ฌด์š”์›), and earn far less than the minimum legal wage at various fields, including government offices, subway stations, tax offices, post offices, and sanitaria.[58]

In April 2021, South Korea ratified the Forced Labour Convention, but conscription remained in place. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4" now have the right to decide their methods of conscription between soldiers with active duty and "social service agents".[58] However, ILO continues to argue that enforcing "reserve - class 4-" to work as a "social service agent" is a violation of the Forced Labour Convention.[58]

Hazing

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

In recent years, the South Korean government has been preparing a policy to lower conscription standards for mental and physical conditions that were previously considered exempt, in light of concerns that the country's low birthrate will lead to fewer conscripts; South Korea had the lowest fertility rate in the world in both 2020 and 2021.[60] Experts have stated that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[61]

Draft evasion

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[62][63] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[64][65] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[66] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. He had already obtained U.S. permanent residency and, in order to evade military service, went to Los Angeles, where he acquired citizenship within two months, subsequently renouncing his Korean nationality. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[67] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[68] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[69] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[70] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[71]

See also

flag South Korea portal

Forced Labour Convention

Supplementary service in South Korea

Social service agent

Conscription in North Korea

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#49248891)



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Date: September 9th, 2025 9:05 PM
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Conscription in South Korea

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First conscription examination, conducted on 16 December 1949 after liberation from Japan's colonial rule

Conscription

1780 caricature of a press gang

1780 caricature of a press gang

Related concepts

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Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male citizen of the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

Enlistment and impairment-disability evaluation

By law, when a South Korean man turns 18 years old, he is enlisted for "first citizen service," meaning he is liable for military duty, but is not yet required to serve.[10][11] When he turns 19 years old (or, in some instances, 20 years old), he is required to undergo an Impairment & Disability evaluation to determine whether he is suitable for military service. The table below shows the evaluation's possible grades and their outcomes, according to the Military Service Act.[12] Men must enlist by the time they turn 28.[13]

Grade Description Outcome

1, 2, 3 "Those whose physical and psychological constitution is healthy enough to perform actively in army." "To be enlisted for active duty service, supplemental service or the second citizen service, based on their qualifications, such as educational background and age."

4 "Those whose physical and psychological constitution is not so healthy for active training but capable of doing supplemental service for civilians as replacements

(This is a common grade for people with minor disabilities)."

"To be enlisted for supplemental service or the second citizen service, based on their qualifications, such as educational background and age."

5 "Those incapable of entering active or supplemental service, but capable of entering the second citizen service

(This is a common grade for people with disabilities)."

"To be enlisted for the second citizen service."

6 "Those incapable of performing military service due to any disease or mental or physical incompetence

(This is a common grade for people with severe disabilities)."

"To be exempted from military service."

7 "Those unable to be graded...due to any disease or mental or physical incompetence." "To undergo a follow-up physical examination" within two years.

Term of South Korea military service

Areas Notation of military service relevant regulation Commonly used terms Meaning

English Korean English Korean

Conscription examination Draft Physical Examination ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ

์ง•๋ณ‘๊ฒ€์‚ฌ

์ง•๋ณ‘์‹ ์ฒด๊ฒ€์‚ฌ Conscription Examination

Military Service Judgment Examination

Physical Examination(PE) ์ง•๋ณ‘๊ฒ€์‚ฌ

๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ

์‹ ์ฒด๊ฒ€์‚ฌ(์‹ ๊ฒ€)

Physical Grade ์‹ ์ฒด๋“ฑ๊ธ‰

์‹ ์ฒด๋“ฑ์œ„ Physical Grade ์‹ ์ฒด๋“ฑ๊ธ‰

Grade I

Grade II

Grade III

Grade IV

Grade V

Grade VI

Grade VII 1๊ธ‰

2๊ธ‰

3๊ธ‰

4๊ธ‰

5๊ธ‰

6๊ธ‰

7๊ธ‰ Grade 1

Grade 2

Grade 3

Grade 4

Grade 5

Grade 6

Grade 7 1๊ธ‰

2๊ธ‰

3๊ธ‰

4๊ธ‰

5๊ธ‰

6๊ธ‰

7๊ธ‰

— ๊ฐ‘์ข…

์ œ1์„์ข…

์ œ2์„์ข…

์ œ3์„์ข…

๋ณ‘์ข…

์ •์ข…

๋ฌด์ข… Grade A

Grade B-1

Grade B-2

Grade B-3

Grade C

Grade D

Grade E ๊ฐ‘์ข…

1์„์ข…

2์„์ข…

3์„์ข…

๋ณ‘์ข…

์ •์ข…

๋ฌด์ข… Physical grades names from Before 1984

- Disposition for military service

- Type of service Preliminary Military Service

First militia Service

First Citizen Service ๋ณ‘์—ญ์ค€๋น„์—ญ

์ œ1๊ตญ๋ฏผ์—ญ Preliminary Military Service

1st Citizen Service ๋ณ‘์—ญ์ค€๋น„์—ญ

์ œ1๊ตญ๋ฏผ์—ญ

Active Service ํ˜„์—ญ Active ํ˜„์—ญ

Reserve Service ์˜ˆ๋น„์—ญ Reserve Service ์˜ˆ๋น„์—ญ

Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ

Supplementary Service

Supplemental Service

Recruit Service ๋ณด์ถฉ์—ญ Supplementary Service ๋ณด์ถฉ์—ญ

Wartime labor service

Second militia Service

Second Citizen Service ์ „์‹œ๊ทผ๋กœ์—ญ

์ œ2๊ตญ๋ฏผ์—ญ Exemption from Military Service in Ordinary time

Exemption from Ordinary time ํ‰์‹œ๋ณ‘์—ญ๋ฉด์ œ

ํ‰์‹œ๋ฉด์ œ

Exemption from Military service ๋ณ‘์—ญ๋ฉด์ œ Exemption from All Military Service

All exemption ๋ณ‘์—ญ์™„์ „๋ฉด์ œ

์™„์ „๋ฉด์ œ

Removal from Military Register ๋ณ‘์—ญ์ œ์  Exemption from All Military Service by Criminal record

All exemption from Criminal record ์ „๊ณผ์— ์˜ํ•œ ๋ณ‘์—ญ์™„์ „๋ฉด์ œ

์ „๊ณผ์— ์˜ํ•œ ์™„์ „๋ฉด์ œ

์ „๊ณผ๋กœ ๋ณ‘์—ญ์™„์ „๋ฉด์ œ

์ „๊ณผ๋กœ ์™„์ „๋ฉด์ œ In the case of being sentenced to more than 6 years in prison under the ROK Military service act, it was Removal from Military service registration.[14]

Disposition for subject to active duty, service, etc. Enlisted in Active Service ํ˜„์—ญ์ž…์˜๋Œ€์ƒ Active duty

Subject to Enlist

Subject to Conscription

Subject to Draft ํ˜„์—ญ๋Œ€์ƒ

ํ˜„์—ญ์ž…์˜๋Œ€์ƒ

์ง•๋ณ‘๋Œ€์ƒ

Called for Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ์†Œ์ง‘๋Œ€์ƒ Subject to Called for Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ์†Œ์ง‘๋Œ€์ƒ

Disposition for subject to supplementary service callup, service, etc. Called for Defense ๋ฐฉ์œ„์†Œ์ง‘๋Œ€์ƒ Called for Defense ๋ฐฉ์œ„์†Œ์ง‘๋Œ€์ƒ Defense Call-up(Defense soldier call-up) is classified as a supplementary service from 1969 to 1994. It was in the form of commuting from home to Military unit(or Police station, Police box, Conscription part of Town office).

— ๋ฐฉ์œ„๋ณ‘ Defense Soldier ๋ฐฉ์œ„๋ณ‘

Called for Public Interest Service ๊ณต์ต๊ทผ๋ฌด์š”์›์†Œ์ง‘๋Œ€์ƒ Called for Public Service ๊ณต์ต๋ณต๋ฌด์š”์› ์†Œ์ง‘๋Œ€์ƒ

Called for Social Service ์‚ฌํšŒ๋ณต๋ฌด์š”์›์†Œ์ง‘๋Œ€์ƒ Called for Social Service ์‚ฌํšŒ๋ณต๋ฌด์š”์› ์†Œ์ง‘๋Œ€์ƒ

Public interest service Personnel ๊ณต์ต๊ทผ๋ฌด์š”์› Social Service Personnel ๊ณต์ต๊ทผ๋ฌด์š”์›

Social Service Personnel ์‚ฌํšŒ๋ณต๋ฌด์š”์› Social Service Personnel ์‚ฌํšŒ๋ณต๋ฌด์š”์›

Certificate of Military Registration

Certificate of Military Registration data notation[15][16]

English Korean

Name Hong Gil-dong ํ™ ๊ธธ๋™

Kim Han-guk ๊น€ ํ•œ๊ตญ

Birth date 12 Mar. 1979 790312

28 Mar. 2001 2001. 3.28

Physical grade Grade I, II, III, IV, V, VI, VII 1, 2, 3, 4, 5, 6, 7๊ธ‰

Draft Physical Examination Omitted ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์ƒ๋žต

Disposition for military service Preliminary Military Service ๋ณ‘์—ญ์ค€๋น„์—ญ

Subject to Draft Physical Examination ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ๋Œ€์ƒ

Active Service ํ˜„์—ญ

Enlisted in Active Service ํ˜„์—ญ๋ณ‘์ž…์˜๋Œ€์ƒ

Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ

Called for Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ์†Œ์ง‘๋Œ€์ƒ

Supplementary Service ๋ณด์ถฉ์—ญ

Called for Social Service ์‚ฌํšŒ๋ณต๋ฌด์š”์›์†Œ์ง‘๋Œ€์ƒ

Alternative Service ๋Œ€์ฒด์—ญ

Called for alternative service ๋Œ€์ฒด๋ณต๋ฌด์š”์›์†Œ์ง‘๋Œ€์ƒ

Reserve Service ์˜ˆ๋น„์—ญ

Subject to Follow-up Physical Examination ์žฌ์‹ ์ฒด๊ฒ€์‚ฌ๋Œ€์ƒ

Wartime Labor Service ์ „์‹œ๊ทผ๋กœ์—ญ

Exemption from Military Service ๋ณ‘์—ญ๋ฉด์ œ

Removal from Military Register ๋ณ‘์ ์ œ์ (6๋…„์ด์ƒ์ˆ˜ํ˜•)

Reason of disposition An only son ๋…์ž

Wounded in action or injured in the line of duty ์ „·๊ณต์ƒ

(Family member) wounded in action or injured in the line of duty (๊ฐ€์กฑ)์ „·๊ณต์ƒ

Difficulties in Earning a Livelihood ์ƒ๊ณ„์œ ์ง€๊ณค๋ž€

Not Completing Middle School ์ค‘ํ•™๊ต ์ค‘ํ‡ด์ดํ•˜

Long-term Waiting ์žฅ๊ธฐ๋Œ€๊ธฐ

Emigration ๊ตญ์™ธ์ด์ฃผ(์ด๋ฏผ)

Acquisition of the Permanent Residence Right ์˜์ฃผ๊ถŒ์ทจ๋“

Loss of nationality ๊ตญ์ ์ƒ์‹ค

Thirty-one years of age or older 31์„ธ์ด์ƒ

Thirty-six years of age or older 36์„ธ์ด์ƒ

Remaining in Physical Grade VII for one year or longer 7๊ธ‰1๋…„์ด์ƒ

Remaining in Physical Grade VII for two year or longer 7๊ธ‰2๋…„์ด์ƒ

Naturalization ๊ท€ํ™”

Multiracial child ํ˜ผํ˜ˆ์•„

Serving a sentence ์ˆ˜ํ˜•

Child born out of wedlock ํ˜ผ์ธ์™ธ ์ถœ์ƒ์ž

Excluded from the Public ์ œ์™ธ

Immigrated from the North of the Military Demarcation Line ๊ตฐ์‚ฌ๋ถ„๊ณ„์„  ์ด๋ถ์ง€์—ญ์—์„œ ์ด์ฃผ

Boot camp Army Recruit Training Center ์œก๊ตฐ ํ›ˆ๋ จ์†Œ

OO Replacement Center OO ๋ณด์ถฉ๋Œ€

OO Division OO ์‚ฌ๋‹จ

Draft examination Postponement of Draft Physical Examination (Studying Abroad) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(์œ ํ•™)

Postponement of Draft Physical Examination (Seafarer) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(์„ ์›)

Postponement of Draft Physical Examination (Residing Abroad) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(๊ตญ์™ธ์ด์ฃผ)

Postponement of Draft Physical Examination (Emigration) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(๊ตญ์™ธ๊ฑฐ์ฃผ)

Postponement of Draft Physical Examination (In Prison) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(์žฌ๊ฐ)

Evasion of Draft Physical Examination ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ ๊ธฐํ”ผ

Enlist of active Postponement of Conscription (Student) ์ž…์˜์—ฐ๊ธฐ(์žฌํ•™์ƒ)

Postponement of Conscription (Studying Abroad) ์ž…์˜์—ฐ๊ธฐ(์œ ํ•™)

Postponement of Conscription (Residing Abroad) ์ž…์˜์—ฐ๊ธฐ(๊ตญ์™ธ๊ฑฐ์ฃผ)

Postponement of Conscription (Emigration) ์ž…์˜์—ฐ๊ธฐ(๊ตญ์™ธ์ด์ฃผ)

Postponement of Conscription (Training in Research Institute) ์ž…์˜์—ฐ๊ธฐ(์—ฐ์ˆ˜)

Postponement of Conscription (Outstanding Athlete) ์ž…์˜์—ฐ๊ธฐ(์šฐ์ˆ˜์—ฐ์ˆ˜)

Postponement of Conscription Date ์ž…์˜์ผ์ž ์—ฐ๊ธฐ

Homecoming after Conscription ์ž…์˜ํ›„ ๊ท€๊ฐ€

Subject to Notice of Re-Conscription ์žฌ์ž…์˜ํ†ต์ง€๋Œ€์ƒ

Domestic Reason ๊ฐ€์‚ฌ์‚ฌ์ •

Employed Abroad ๊ตญ์™ธ์ทจ์—…

Residing in an Unreclaimed Area ๋ฏธ์ˆ˜๋ณต์ง€๊ตฌ๊ฑฐ์ฃผ

Application for Military Service ๊ตฐ ์ง€์›

Evasion of Conscription ์ž…์˜๊ธฐํ”ผ

Missing ํ–‰๋ฐฉ๋ถˆ๋ช…

(Medical/Judicial/Religious) Officer/Cadet Officer (์˜๋ฌด/๋ฒ•๋ฌด/๊ตฐ์ข…)์žฅ๊ต/์‚ฌ๊ด€ํ›„๋ณด์ƒ

Basic Branch Officer ๊ธฐ๋ณธ๋ณ‘๊ณผ์žฅ๊ต

Noncommissioned Cadet Officer ๋ถ€์‚ฌ๊ด€ ํ›„๋ณด์ƒ

Enlistment in OO OO ํŽธ์ž…

Removed from OO OO ์ œ์ 

Call of supplementary service, etc. Postponement of Call (Student) ์†Œ์ง‘์—ฐ๊ธฐ(์žฌํ•™์ƒ)

Postponement of Call (Studying Abroad) ์†Œ์ง‘์—ฐ๊ธฐ(์œ ํ•™)

Postponement of Call (Seafarer) ์†Œ์ง‘์—ฐ๊ธฐ(์„ ์›)

Postponement of Call (Residing Abroad) ์†Œ์ง‘์—ฐ๊ธฐ(๊ตญ์™ธ๊ฑฐ์ฃผ)

Postponement of Call (Emigration) ์†Œ์ง‘์—ฐ๊ธฐ(๊ตญ์™ธ์ด์ฃผ)

Postponement of Call (Training in Research Institute) ์†Œ์ง‘์—ฐ๊ธฐ(์—ฐ์ˆ˜)

Postponement of Call (Outstanding Athlete) ์†Œ์ง‘์—ฐ๊ธฐ(์šฐ์ˆ˜์—ฐ์ˆ˜)

Postponement of Call Date ์†Œ์ง‘์ผ์ž์—ฐ๊ธฐ

Exemption from Call ์†Œ์ง‘๋ฉด์ œ

Evasion from Call ์†Œ์ง‘๊ธฐํ”ผ

Enlistment in OO (์‚ฐ์—…์š”์›๋“ฑ)ํŽธ์ž…

Cancellation of Enlistment in OO OO ํŽธ์ž…์ทจ์†Œ

Advance Service ์„ ๋ณต๋ฌด

Social Service Personnel ์‚ฌํšŒ๋ณต๋ฌด์š”์›

International Cooperation Service Personnel ๊ตญ์ œํ˜‘๋ ฅ๋ด‰์‚ฌ์š”์›

Art and Sports Personnel ์˜ˆ์ˆ ์ฒด์œก์š”์›

Expert Research Personnel ์ „๋ฌธ์—ฐ๊ตฌ์š”์›

Industrial Technical Personnel ์‚ฐ์—…๊ธฐ๋Šฅ์š”์›

International Cooperative Doctor ๊ตญ์ œํ˜‘๋ ฅ์˜์‚ฌ

Public-Service Advocate ๊ณต์ต๋ฒ•๋ฌด๊ด€

Public Health Doctor ๊ณต์ค‘๋ณด๊ฑด์˜์‚ฌ

Doctor Exclusively in Charge of Draft Physical Examination ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์ „๋‹ด์˜์‚ฌ

Onboard Ship Reserve Service ์Šน์„ ๊ทผ๋ฌด์˜ˆ๋น„์—ญ

Alternative Service Personnel ๋Œ€์ฒด๋ณต๋ฌด์š”์›

Others Ban on foreign travel (a person who has stayed in the country for one year or longer) ์ถœ๊ตญ๊ธˆ์ง€(1๋…„์ด์ƒ ๊ตญ๋‚ด์ฒด์žฌ)

Removal of the ban on foreign travel (others)

Jehovah's Witnesses ์—ฌํ˜ธ์™€์˜ ์ฆ์ธ

Departure before age 24 24์„ธ์ด์ „์ถœ๊ตญ

Period of Mandatory Service ์˜๋ฌด๋ณต๋ฌด๊ธฐ๊ฐ„

Exclusion from the Military Service ๊ตฐ๋ณต๋ฌด ์ œ์™ธ๊ธฐ๊ฐ„

Short-term overseas travel ๋‹จ๊ธฐ์—ฌํ–‰

Illegal stay in a foreign country ๊ตญ์™ธ๋ถˆ๋ฒ•์ฒด์žฌ

Violation of duty to obtain permission for overseas travel ๊ตญ์™ธ์—ฌํ–‰ํ—ˆ๊ฐ€์˜๋ฌด์œ„๋ฐ˜

Forces Army ์œก๊ตฐ

Navy ํ•ด๊ตฐ

Air Force ๊ณต๊ตฐ

Marine, Subordinate to ROK Navy ํ•ด๋ณ‘๋Œ€

Expiration date Indefinite ๋ฌด๊ธฐํ•œ

6 Months 6์›”

Type of service Reserve Service ์˜ˆ๋น„์—ญ

Recruit Service ๋ณด์ถฉ์—ญ

Exemption from the Service ๋ฉด์—ญ

Retirement from the Service ํ‡ด์—ญ

Removal from Military Register ๋ณ‘์ ์ œ์ 

Discharge Discharge from Military Service ์ „์—ญ

Discharge from Military Service by Application ์›์— ์˜ํ•œ ์ „์—ญ

Forced Discharge from Military Service ์›์— ์˜ํ•˜์ง€ ์•„๋‹ˆํ•œ ์ „์—ญ

Home on Leave from Military Service ๊ท€ํœด์ „์—ญ

Discharge from Military Service as Woman ์—ฌ๊ตฐ์ „์—ญ

Completion of Service ๋ณต๋ฌด๋งŒ๋ฃŒ

Completion of Service(Release from Call) ๋ณต๋ฌด๋งŒ๋ฃŒ(์†Œ์ง‘ํ•ด์ œ)

Completion of Military Service ๋งŒ๊ธฐ

Age Limit ์—ฐ๋ น์ •๋…„

Disease ์˜๋ณ‘

Domestic Reason ๊ฐ€์‚ฌ์‚ฌ์ •(์˜๊ฐ€์‚ฌ)

Difficulties in Maintaining Household ์ƒ๊ณ„๊ณค๋ž€

An only son ๋…์ž

wounded in action or injured in the line of duty ์ „·๊ณต์ƒ

Emigration ๊ตญ์™ธ์ด์ฃผ

Disqualification ์‹ ๋ถ„์ƒ์‹ค

Exclusion to the Public ์ œ์™ธ

Secession from Military Service ๊ตฐ๋ณต๋ฌด์ดํƒˆ(์‚ญ์ œ)

Removal from the Army Register ๊ตฐ ์ œ์ 

Self-Surrender ์ž์ˆ˜์‹ ๊ณ 

National Land Construction Corps ๊ตญํ† ๊ฑด์„ค๋‹จ

Volunteer Soldier as a Student ํ•™๋„์˜์šฉ๊ตฐ

Military Service Act ๋ณ‘์—ญ๋ฒ•

Enforcement Decree of Military Service Act ๋ณ‘์—ญ๋ฒ•์‹œํ–‰๋ น

Detailed Enforcement Regulation of Military Service Act ๋ณ‘์—ญ๋ฒ• ์‹œํ–‰๊ทœ์น™

Combatant police, etc. Combatant Police Officer ์ „ํˆฌ๊ฒฝ์ฐฐ

Auxiliary Police Officer ์˜๋ฌด๊ฒฝ์ฐฐ

Obligatory Fireman ์˜๋ฌด์†Œ๋ฐฉ

Coast Guard ํ•ด์–‘๊ฒฝ์ฐฐ

Correctional Guard ๊ฒฝ๋น„๊ต๋„

Legal Military service age

The age standard is from January 1 to December 31 of the year of age.

โ– : Age group of Mandatory Military service

โ– : Age group of Mandatory Military service in Wartime

Age Mandatory military service Duty of conscription examination and enlist, etc. Type of service Note

17 or younger Military Manpower Administration takes over the Identity registration data of persons (17-year-old male) who are enrollment to Military Service Registration(Assignment the Preliminary Military Service) in the following year from the Ministry of the Interior, and transmits them to the Local Military Manpower Office.

18 Subject for Mandatory Military service of Peacetime No, but voluntary enlistment possible.

- Assignment the Preliminary Military Service.

- Persons with disabilities registered under the Disabled registration system is Wartime Labor Service or Exemption from Military Service.Note 1

1.Age group subject to Civil Defense Corps under the Framework Act on Civil Defense from the age of 20[17]

2.Subject to a return order from the chief of staff of each military if he desertied while serving on the basis of active duty soldiers.

3.Reserve soldiers and Completed their service Supplementary soldiers in the Age group of Exemption from Duty of conscription examination and enlist, etc.(38 to 40 years old, 38 to 45 years old in Wartime) can be assigned to the Reserve Force according to the Reserve Forces Act on a wartime basis.[18]

19 to 35 All Military service obligators are obligated to Conscription examination and Enlist/Call-up(Passed person from Conscription examination. Active duty is Enlist, Supplementary Service is Call-up) 1.According to the results of the Conscription examination.(Military Disposition. Active duty, Supplementary service, Wartime labor service or Exempted from Military service)

2.When the Mandatory service(Active service) period is completed, they are transferred to reserve service.

36 to 37 1.In the peacetime, General Military service obligators are no Conscription examination and Enlist/Call-up

2.In the peacetime, Military Service Act Violators, Oversea stayer, etc. are obligated to Conscription examination. When disposed of as a Supplementary service, there is an Obligation to convene Public service.

3.In the wartime, All Military service obligators are obligated to enlist as conscription examination and active duty.

1.Same as above.

2.Military Service Act Violators, Overseas stayer, etc. are Subject to Supplementary service, Wartime Labor Service or Exempted from Military service according to the results of the Conscription examination.

38 to 40 In any case, No duty of Conscription Examination and Enlist. Same as above.

41 to 45 1.End of Mandatory Military service from Peacetime(Soldier ranks)

2.Extension of Mandatory Military service from Wartime Exemption from Service for Active Soldiers, Reserve Soldiers, Supplementary Soldiers, Wartime Labor Service in PeacetimeNote 2 Reserve soldiers and Completed their service Supplementary soldiers can be assigned to the Reserve Force according to the Reserve Forces Act on a Wartime basis.

46 or older End of Mandatory Military service from Peacetime and Wartime. Exemption from Service for Active, Reserve, Supplementary Soldiers, Wartime Labor Service in Peacetime and WartimeNote 2 Expanded 50 years of age for the Wartime Civil Defense Corps

Note 1: Some disabled person (mild disabled person). If the disability status of a disabled person changes at the age of 19, or if a reason for the return of the disabled registration card occurs, a Conscription Examination shall be performed.

Note 2:

Republic of Korea Armed Forces soldier (Byeong) ranks

English Korean

Army Navy Air Force Marine Corps

Sergeant Petty Officer Second Class Staff Sergeant Sergeant ๋ณ‘์žฅ

Corporal Petty Officer Third Class Senior Airman Corporal ์ƒ๋“ฑ๋ณ‘

Private First Class Seaman Airman First Class Lance Corporal ์ผ๋“ฑ๋ณ‘

Private Second Class Seaman Apprentice Airman Private First Class ์ด๋“ฑ๋ณ‘

Note 3: Retirement of Officers, Warrant officers, and Noncommissioned officers when they reach retirement age of rank from Military Personnel Management Act.[19]

History of military service age

1971 to 1984

Age Mandatory military service Duty of conscription examination and enlist, etc. Type of service

17 or younger — None. —

18 to 19 Subject for Mandatory Military service of Peacetime Assignment the 1st Citizen Service.

20 to 30 All Military service obligators are obligated to Conscription examination and Enlist/Call-up (Passed person from Conscription examination. Active duty is Enlist, Supplementary Service is Call-up) 1.According to the results of the Conscription examination. (Military Disposition. Active duty, Supplementary service, Wartime labor service or Exempted from Military service)

2.Those who are not Active (Serving), Reserve, or Supplementary Service are the 1st Citizen service.

3.When the Mandatory service (Active service) period is completed, they are transferred to Reserve service.

31 to 35 1.In peacetime, All Military Service Obligators (Including those Military Service Act Violators, Oversea stayer, etc.) are no Conscription examination, Enlist, Supplementary Service Call-up (Exemption from Call)Note 1

2.In the wartime, All Military service obligators are obligated to enlist as conscription examination and active duty. 1.Same as above.

2.The 1st Citizen service that has not been Conscription examination and those Subject to Active Enlist (Subject to draft) who have not been notified of Active draft are transferred to Supplementary service.

36 to 40 In any case, No duty of Conscription Examantion and Enlist.

41 to 45 1.End of Mandatory Military service from Peacetime (Soldier ranks)

2.Extension of Mandatory Military service from Wartime Exemption from Service for Active Soldiers, Reserve Soldiers, Supplementary Soldiers, Wartime Labor Service in PeacetimeNote 2

46 or older End of Mandatory Military service from Peacetime and Wartime. Exemption from Service for Active, Reserve, Supplementary Soldiers, 2nd Citizen Service in Peacetime and WartimeNote 2

Note 1: According to Article 7 of the Military Service Act Addenda in 1971, Military Service Act Violators(Conscription examination or Enlist refusers/dodgers) as of the enforcement year(1971) are obligated to Conscription examination and enlist.[20]

Note 2: Retirement of Officers, Warrant officers, and Noncommissioned officers when they reach retirement age of rank.

1984 to 1993

Age Mandatory military service Duty of conscription examination and enlist, etc. Type of service

17 or younger a 17-year-old person (17-year-old male) must report the incorporation of the 1st Citizen service to the Town mayor or Village Chief. No, But Possible the Voluntary enlist.

18 Subject for Mandatory Military service of Peacetime not enlisted from 1st Citizen Service

19 to 30 All Military service obligators are obligated to Conscription examination and Enlist/Call-up (Passed person from Conscription examination. Active duty is Enlist, Supplementary Service is Call-up) 1.According to the results of the Conscription examination. (Military Disposition. Active duty, Supplementary service, Wartime labor service or Exempted from Military service)

2.Those who are not Active (Serving), Reserve, or Supplementary Service are the 1st Citizen service.

3.When the Mandatory service (Active service) period is completed, they are transferred to Reserve service.

31 to 35 1.In the peacetime, All Military Service Obligators (Including those Military Service Act Violators, Oversea stayer, etc.) are no Conscription examination, Enlist, Supplementary Service Call-up (Exemption from Call)

2.In the wartime, All Military service obligators are obligated to enlist as conscription examination and active duty. 1.Same as above.

2.The 1st Citizen service that has not been Conscription examination and those Subject to Active Enlist (Subject to draft) who have not been notified of Active draft are transferred to Supplementary service.

36 to 40 In any case, No duty of Conscription Examantion and Enlist.

41 to 45 1.End of Mandatory Military service from Peacetime (Soldier ranks)

2.Extension of Mandatory Military service from Wartime Exemption from Service for Active Soldiers, Reserve Soldiers, Supplementary Soldiers, Wartime Labor Service in PeacetimeNote

46 or older End of Mandatory Military service from Peacetime and Wartime. Exemption from Service for Active, Reserve, Supplementary Soldiers, 2nd Citizen Service in Peacetime and WartimeNote

Note: Retirement of Officers, Warrant officers, and Noncommissioned officers when they reach retirement age of rank.

1994 to 2010

Age Mandatory military service Duty of conscription examination and enlist, etc. Type of service

17 or younger a 17-year-old person (17-year-old male) must report the incorporation of the 1st Citizen service to the Town mayor or Village Chief. (Before February 5, 1999)

Military Manpower Administration takes over the Identity registration data of persons (17-year-old male) who are enrollment to Military Service Registration (Assignment the Preliminary Military Service) in the following year from the Ministry of the Interior, and transmits them to the Local Military Manpower Office. (After February 5, 1999)

18 Subject for Mandatory Military service of Peacetime No, but voluntary enlistment is possible. Assignment the 1st Citizen Service.

Persons with disabilities registered under the Disabled registration system is Wartime Labor Service or Exemption from Military Service.

19 to 30 All Military service obligators are obligated to Conscription examination and Enlist/Call-up (Passed person from Conscription examination. Active duty is Enlist, Supplementary Service is Call-up) 1.According to the results of the Conscription examination. (Military Disposition. Active duty, Supplementary service, Wartime labor service or Exempted from Military service)

2.When the Mandatory service (Active service) period is completed, they are transferred to reserve service.

31 to 35 1.In the peacetime, General Military service obligators are no Conscription examination and Enlist/Call-up

2.In the peacetime, Military Service Act Violators, Oversea stayer, etc. are obligated to Conscription examination. When disposed of as a Supplementary service, there is an Obligation to convene Public service.

3.In the wartime, All Military service obligators are obligated to enlist as conscription examination and active duty.

1.Same as above.

2.Military Service Act Violators, Overseas stayer, etc. are Subject to Supplementary service, Wartime Labor Service or Exempted from Military service according to the results of the Conscription examination.

38 to 40 In any case, No duty of Conscription Examination and Enlist. Same as above.

41 to 45 1.End of Mandatory Military service from Peacetime (Soldier ranks)

2.Extension of Mandatory Military service from Wartime Exemption from Service for Active Soldiers, Reserve Soldiers, Supplementary Soldiers, Wartime Labor Service in PeacetimeNote

46 or older End of Mandatory Military service from Peacetime and Wartime. Exemption from Service for Active, Reserve, Supplementary Soldiers, Wartime Labor Service in Peacetime and WartimeNote

Note: Retirement of Officers, Warrant officers, and Noncommissioned officers when they reach retirement age of rank.

Determination criteria of physical grades

There are seven physical grades. Grade name is I, II, III, IV, V, VI and VII. Before 1984 grades name is A, B (respectively B-I, B-II, B-III), C, D and E

Before 1984 After 1984

Name Korean Name Korean

Grade A ๊ฐ‘์ข… Grade I 1๊ธ‰

Grade B-I ์ œ1์„์ข… Grade II 2๊ธ‰

Grade B-II ์ œ2์„์ข… Grade III 3๊ธ‰

Grade B-III ์ œ3์„์ข… Grade IV 4๊ธ‰

Grade C ๋ณ‘์ข… Grade V 5๊ธ‰

Grade D ์ •์ข… Grade VI 6๊ธ‰

Grade E ๋ฌด์ข… Grade VII 7๊ธ‰

I, II, III and IV is Accepted, and grades V, VI and VII is Rejected.

The criteria for determining the physical grade shall be in accordance with Attached form 2 and 3 of the "Rules for examination of Conscription Physical Examination, etc.(๋ณ‘์—ญํŒ์ • ์‹ ์ฒด๊ฒ€์‚ฌ ๋“ฑ ๊ฒ€์‚ฌ๊ทœ์น™ [ko])" Attached form 2 sets the criteria for determining height and weight. Attached form 3 is the evaluation criteria for diseases and mental and physical disabilities, which vary from year to year.

In the following criteria, diseases and mental and physical disabilities are described mainly as representative or known.

Physical grades Accepted or Rejected Standards[21] Type of military service[22]

I Accepted Physical and Psychological constitution is healthy, and can serve in active duty or supplementary service.

Active duty, Supplementary service, and Wartime labor service based on Qualifications (Educational background, Age, etc.)

2

3

4

5 Rejected Those incapable of entering active or supplementary service, but capable of entering the wartime labor service Wartime labor service

6 Those incapable of performing military service due to disease or mental or physical disorder Exempted from Military service

7 In the case where grades I, II, III, IV, V, VI cannot be received due to Disease or Mental and Physical disability Subject to Rephysical examination

Physical grade Height (centimeters), weight (BMI) Disease or disabled

I

Height 161๏ฝž203.9 cm๏ผšBMI20.0๏ฝž24.9

A completely healthy person without illness or physical disability

Those in good condition after treatment of acute infectious diseases

II

Height 161๏ฝž203.9 cm๏ผšBMI18.5๏ฝž19.9ใƒปBMI25.0๏ฝž29.9

Allergic rhinitis

III

Height 159๏ฝž160 cm๏ผšBMI16.0๏ฝž34.9

Height 161๏ฝž203.9 cm๏ผšBMI16.0๏ฝž18.4, BMI30.0๏ฝž34.9

Hepatitis B carrier

Conservative treated or Operated PneumothoraxNote 1

Mental disease

Minor, Mild Depression

Minor, Mild Obsessive-compulsive disorder

Several Developmental Disability (ADHD, Learning Disability)

IV

Height 146๏ฝž158 cm

Height 159๏ฝž203.9 cm: Below BMI16.0 and BMI35.0 or Over

Height 204 cm or Over

Case of endoscopic surgery with either Early gastric cancer, Early colorectal cancer, or Carcinoid

Prodrome of Skin malignant tumor(Giant acromegaly condyloma, Bowen disease), Basal cell carcinoma

Mental disease

Borderline intellectual functioning

Mild Autism Spectrum Disorder (High-functioning Autism, Asperger Syndrome, PDD-NOS without Intellectual Disability)

V

Height 140.1๏ฝž145 cm

Mental disease

Schizophrenia

Gender dysphoria

Mild Intellectual Disability

Autism Spectrum Disorder without Intellectual Disability (High-functioning Autism, Asperger Syndrome, PDD-NOS without Intellectual Disability)

VI

Height 140 cm or Below

Malignant tumor (Cancer)

Metastasized skin cancer

Bone cancer

HIV carrier

Hansen's Disease (Leprosy)

Mental disease

Schizophrenia with Personality devastated

Moderate, Severe and Profound Intellectual Disability

Autism Spectrum Disorder with Intellectual Disability (Low-functioning autism, Childhood disintegrative disorder)

VII

Note 1: Surgery due to pneumothorax is Grade V in 1992.

Disposition for military service by educational background and physical grade

According to Article 14 of the Military Service Act, grades I to IV are based on qualifications (education, age, etc.) and are subject to active service, supplementary, wartime workers, Grade V exemptions, Grade VI exemptions, and Grade VII medical examinations. The criteria for disposing of active duty or supplementary officers in grades I to IV are determined by the Military Manpower Administration's announcement (annual announcement of conscription inspection). According to the announcement, the criteria for military service are as follows.

Active duty (ํ˜„์—ญ, Subject to Enlist for Active duty. Subject to Draft)

Mix of active and supplementary

Supplementary service (๋ณด์ถฉ์—ญ)

Wartime labor service (์ „์‹œ๊ทผ๋กœ์—ญ)[23]

Exempted from Military service (๋ณ‘์—ญ๋ฉด์ œ)

Subject to Physical Reexamination (์žฌ๊ฒ€์‚ฌ๋Œ€์ƒ)

Disposition for military service by educational background and physical grade (after 2021)

Educational background Physical grade

I II III IV V VI VII

Regardless Active duty Supplementary service Wartime Labor Service Exempted from Military service Subject to Physical reexamination

History of disposition for military service

1950s to 1969

Before the 1970s, the criteria for disposition of active duty and supplementary military service cannot be confirmed due to lack of data at the time.[24]

in 1950 to 1955

1950: It was the first year in the Republic of Korea that the Conscription was implemented. At that year, due to the limitation of 100,000 troops by the Korean military, the conscription system and Conscription Examination were suspended. However, in June of the same year, when the Korean War broke out, there was an unofficial conscription.

1952: As the Conscription system was Implemented again, Conscription Examination began again.

Educational

background Physical grade

A B-I B-II C D E

Regardless Accepted (Active duty, 1st Supplementary service, 2nd Supplementary service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1956

Educational background Physical grade

A B-I C D E

Regardless Accepted (Active duty, 1st Supplementary military service, 2nd Supplementary military service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1957

The supplementary military service was abolished by the enforcement of the revised Military Service Act from August 1957.[25]

Educational background Physical grade

A B-I B-II C D E

Regardless Accepted

(Active duty, 1st Supplementary military service, 2nd Supplementary military service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1958 to 1960

On February 24, 1958, there were Re-examination measures after canceling the judgment on 45,000 Grade C judges in the 1950 to 1957 Conscription examination.

Educational background Physical grade

A B-I B-II B-III C D E

Regardless Accepted (Active duty) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1961

There was a physical examination of public officials who were judged to be Grade C.

In 1961, there was a physical examination of 128,422 embroidered persons who reported between June 21 and June 30, which was set as the period for reporting embroidery of those who failed to serve in the military.

Educational background Physical grade

A B-I B-II C D E

Regardless Accepted (Active duty) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1962

Those born on or after January 1, 1930, who have been punished for active service under the Military Service Act enacted before October 1, 1962, and who have not joined the army, will be transferred to the 1st supplementary role and will be supplemented. (Except for those who joined the National Land Construction Team(๊ตญํ† ๊ฑด์„ค๋‹จ [ko]) in 1961.)

Educational background Physical grade

A B-I B-II B-III B-IV B-V C D E

Regardless Accepted (Active duty)

(After Oct, 1st 1962, Active duty, 1st Supplementary service, 2nd Supplementary service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1963 to 1969

Among those who were examined for conscription in 1962, those who were judged to be Grade B4 and B5 were transferred to Grade C and converted to 2nd Citizen service.

Educational background Physical grade

A B-I B-II B-III C D E

Regardless Accepted (Active duty, 1st Supplementary service, 2nd Supplementary service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

After 1970s

1970

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout

Elementary school Graduated

Elementary school Dropout or less Active duty Supplementary service

1971

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout Active duty Supplementary service

Elementary school Graduated

Elementary school Dropout or less Active duty Supplementary service

1972

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout

Elementary school Graduated

Elementary school Dropout or less Active duty Supplementary service

1973

Middle school Graduated or more

Grade A, B-I, B-II: Active duty

Grade B-III: Supplementary service

Elementary school Graduated or more, Middle school Dropout or less

Grade A: Active duty

Grade B-I, B-II, B-III: Supplementary service

Elementary school Dropout or less: 2nd Citizen service

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout Active duty Supplementary service

Elementary school Graduated

Elementary school Dropout or less 2nd Citizen service

1974 to 1976

College attending or more

Grade A, B-I, B-II: Active duty

Grade B-III: Supplementary service

Middle school Graduated or more, High school Dropout or less

Grade A, B-I: Active duty

Grade B-II, B-III: Supplementary service

Elementary school Graduated or more, Middle school Dropout or less

Grade A: Active duty

Grade B-I, B-II, B-III: Supplementary service

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Graduated

Middle school Graduated

Middle school Dropout Active duty Supplementary service

Elementary school Graduated

Elementary school Dropout or less 2nd Citizen service

1977 to 1979

College attending or more

Grade A, B-I, B-II, B-III: Active duty

High school Graduated or less

Grade A, B-I: Active duty

Grade B-II, B-III: Supplementary service

Middle school Dropout or less: 2nd Citizen service

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1980 to 1983

College attending or more

ใ€€Grade A, B-I, B-II: Active duty

ใ€€Grade B-III: Supplementary service

High school Graduated or less

ใ€€Grade A: Active duty

ใ€€Grade B-I, II, III: Supplementary service

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1984

In 1984, Change of Physical Grade Name.

Before 1984 After 1984

Name Korean Name Korean

A ๊ฐ‘์ข… I 1๊ธ‰

B-I ์ œ1์„์ข… II 2๊ธ‰

B-II ์ œ2์„์ข… III 3๊ธ‰

B-III ์ œ3์„์ข… IV 4๊ธ‰

C ๋ณ‘์ข… V 5๊ธ‰

D ์ •์ข… VI 6๊ธ‰

E ๋ฌด์ข… VII 7๊ธ‰

College attending or more

ใ€€Grade I, II, III: Active duty

ใ€€Grade IV: Supplementary service

High school Graduated

ใ€€Grade I, II: Active duty

ใ€€Grade III, IV: Supplementary service

High school Dropout or less

ใ€€Grade I: Active duty

ใ€€Grade II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Dropout Active duty Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1985

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated Active duty Supplementary service

Middle school Dropout or less 2nd Citizen service

1986

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated Active duty Supplementary service

Middle school Dropout or less 2nd Citizen service

1987

High school Graduated or more

ใ€€Grade I, II: Active duty

ใ€€Grade III, IV: Supplementary service

High school Dropout or less

ใ€€Grade I: Active duty

ใ€€Grade II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Active duty Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1988 to 1991

1988: Skipped Conscription Examination of Elementary school Graduated or less

1989: Those aged 25 or older among those graduating from High school will be converted to Supplementary service.

June 1, 1991: High school graduates who are 162 centimeters or less, high school graduates and those who are above university students, and who are Grade II (and III, IV) due to myopia of ophthalmology, will be converted to Supplementary service. (A person who was Conscription examined from 1990)

November 15, 1991: Those who graduated from high school and a Physical grade II will be converted to Supplementary service. (A person who was Conscription examined from 1991)

January 1, 1992: Middle school Dropout or less is Supplementary service. (Exemption from Call of Bangwi)

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1992

Middle school Graduated or more, Physical grade I, II, III, IV: Active duty. But, on October 30 of the same year, it was changed as follows:

High school Graduated or more, Physical grade III, IV: converted to Supplementary service

High school Dropout or less, Physical grade I, II, III, IV: converted to Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1993

High school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

High school Dropout and Middle school Graduated with Grade I, II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1994

High school Graduated or more with Grade I, II, III, IV: Active duty

High school Dropout

Grade I: Active duty

Grade II, III, IV: Supplementary service

Middle school Graduated with Grade I, II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Active duty Supplementary service

Middle school Graduated Supplementary service

Middle school Dropout or less 2nd Citizen service

1995 to 1996

High school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Those who graduated from middle school and a Physical grade I, II, III, IV will be converted to Supplementary service from 1996

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1997

High school Dropout or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Middle school Graduated

Grade I, II, III, IV: Supplementary service

High school Dropout with Physical grade III: converted to Supplementary service from June 2, 1997

High school Dropout with Physical grade II: converted to Supplementary service from January 1, 1998

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated Supplementary service

Middle school Dropout or less 2nd Citizen service

1998 to 2003

High school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Middle school Graduated, High school Dropout

Grade I, II, III, IV: Supplementary service

1999 to 2011

Skipped Conscription Examination with Transferred the 2nd Citizen service of Middle school Dropout or less in 1999 to 2011

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

2004

Middle school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

2005

College attending or more with Grade I, II, III, IV: Active duty

Middle school Graduated and High school Dropout

Grade I, II, III: Active duty

Grade IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

2006 to 2011

Middle school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

2012 to 1st half of 2015

Middle school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Middle school Dropout or less with Physical Grade I, II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less Supplementary service

External links

(in Korean) Public Notice of Draft examination in 2014(Military Manpower Administration Public Notice No. 2014-2)

2nd half of 2015 to 2020

High school Graduated or more

Grade I, II and III: Active duty

Grade IV: Supplementary service

High school Dropout of less with Physical grade I, II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service Wartime Labor Service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout or less Supplementary service

External links

(Korean) Public Notice of Draft examination in 2016(Military Manpower Administration Public Notice No. 2016-3)

(Korean) Public Notice of Draft examination in 2017(Military Manpower Administration Public Notice No. 2017-1)

(Korean) Public Notice of Draft examination in 2018(Military Manpower Administration Public Notice No. 2018-1)

(Korean) Public Notice of Draft examination in 2019(Military Manpower Administration Public Notice No. 2019-1)

(Korean) Public Notice of Draft examination in 2020(Military Manpower Administration Public Notice No. 2020-1)

Service types and length

Grade 1, 2, 3 and 4: those are suitable for military service (ํ˜„์—ญ)

The length of compulsory military service in South Korea varies based on military branch.[26][unreliable source?] Active duty soldiers serve 1 year 6 months in the Army or Marine Corps, 1 year 8 months in the Navy, or 1 year 9 months in the Air Force.[27] After conscripts finish their military service, they are automatically placed on the reserve roster and are obligated to attend 3 days of annual military training for 6 years[citation needed] (5 years from 2021).

Non-active duty personnel, or "supplemental service" personnel serve for various lengths: 1 year 9 months for social work personnel (better known as public service workers - personnel ordered to do public service work at places that require auxiliary workers such as local community centers like city halls, government agencies, and public facilities like subway stations);[28] 2 years 10 months for arts and sports personnel or industrial technical personnel; and 3 years for public health doctors, lawyers, veterinarians, or expert researchers.[29]

In 2010, there was growing public pressure to either shorten the length of conscription or to switch to voluntary military service, and calls from experts for a gradual phasing out of conscription rather than complete abolition.[30] However, in December 2010, after taking into consideration of the 2010 ROKS Cheonan sinking and Bombardment of Yeonpyeong incidents, the South Korean government said it would not reduce service periods.[31]

Grade 4: those are unsuitable for military service

Art and sports personnel

Artists and players who have won government accredited competitions are allowed to work as 'Art and Sports Personnel'. After a month of military training, Art and Sports Service agents work through their specialties to finish their military services; e.g. in professional sports teams, art galleries, museums or orchestra bands. Unlike other service agents who are working at factories, farms, universities, institutes or nursing homes, Art and Sports Service agents are allowed to work abroad.[citation needed]

Former president Park Chung Hee introduced exemptions for athletes in 1973 to win more medals for the country; some historians believe this also served as a distraction against the government's unpopularity.[32] After winning a gold medal at the 1976 Summer Olympics, wrestler Yang Jung-mo was granted the first exemption. In the 1980s, president Chun Doo-hwan promised exemptions to any athlete who won a medal of any kind at either the 1986 Asian Games or the 1988 Summer Olympics.[32]

When South Korea co-hosted the FIFA World Cup in 2002, their national football team was guaranteed an exemption if they reached the round of 16; the same promise was made to the national baseball team in 2006 if they reached the semifinals of the World Baseball Classic. Public outrage ensued, and similar exemptions have been rarely granted since.[32]

Current conscription regulations stipulate that athletes who win medals in the Olympic Games or gold medals in the Asian Games are granted exemptions from military service and are placed in Grade 4.[33] They are required to do four weeks of basic military training and engage in sports field for 42 months. After that, they are automatically placed on the reserve roster, and are obligated to attend a few days of annual military training for six years. In practice, after athletes finish their four weeks of basic military training, they are able to continue their own sports career during the 34 months of duty.[34]

The policy has resulted in coaches being accused of selecting players desperate to avoid military service instead of choosing the best athletes. Parents encourage their children to pursue sports in hopes of them receiving an exemption.[32]

Notable athletes who have been granted exemptions from military service are the bronze medal-winning men's football team at the 2012 Summer Olympics,[35][36] 2008 Olympic gold medalist badminton player Lee Yong-dae,[37] swimmer Park Tae-hwan,[38][39] 2014 Asian Games gold medalist tennis player Chung Hyeon,[40] 2018 Asian Games gold medalist footballer Son Heung-min, and 2018 Asian Games gold medalist baseball player Lee Jung-hoo.

Esports players were not exempt from conscription until 2023, when esports became a regular event at the 2022 Asian Games.[41][failed verification] Because esports had become a medal event in these games, it became possible for players to be exempt from conscription, so long as they won a gold medal in the games. The gold medal-winning roster of the country's national esports team became the first players to be granted the exemption.[42]

A total of 220 exemptions were granted from 2008 to 2018.[32]

Exemptions are also granted to classical musicians and ballet performers who win first place in stipulated international-level competitions. A two-year extension for notable K-pop artists (from a law that was passed in December 2020) could also be given by government for their career, the age for joining military is 30 (which previously was 28). Some resources and media outlets claim that the primary reason for this amendment was singer-songwriter Jin, who, at the time, was about to turn 28.[43][44] As his group BTS has had a huge impact (especially in the music industry) worldwide and contributed greatly to the spread of Korean culture and the Hallyu Wave, exemptions for them were in talks for a few years.[45][46] Despite this, BTS' record label, Big Hit Music, announced on October 17, 2022, that Jin withdrew his enlistment deferral request and will be the first in the group to enter into mandatory military service, with other members of BTS to be enlisted on a later date.[47]

Conscientious objection

The right to conscientious objection was not recognized in South Korea until recently. Over 400 men were typically imprisoned at any given time for refusing military service for political or religious reasons in the years before right to conscientious objection was established.[48]

On 28 June 2018, the South Korean Constitutional Court ruled the Military Service Act unconstitutional and ordered the government to accommodate civilian forms of military service for conscientious objectors.[49] Later that year on 1 November 2018, the South Korean Supreme Court legalized conscientious objection as a basis for rejecting compulsory military service.[50]

Salary and benefits

Salary per month in 2017[51]

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ163,000

โ‚ฉ176,400

โ‚ฉ195,500

โ‚ฉ216,000

Salary per month in 2018

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ306,100

โ‚ฉ331,300

โ‚ฉ366,200

โ‚ฉ405,700

Salary per month in 2019

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ306,100

โ‚ฉ331,300

โ‚ฉ366,200

โ‚ฉ405,700

Salary per month in 2020

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ408,100

โ‚ฉ441,700

โ‚ฉ488,200

โ‚ฉ540,900

Salary per month in 2021

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ459,100

โ‚ฉ496,900

โ‚ฉ549,200

โ‚ฉ608,500

Salary per month in 2022

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ510,100

โ‚ฉ552,100

โ‚ฉ610,200

โ‚ฉ676,100

Salary per month in 2023

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ600,000

โ‚ฉ680,000

โ‚ฉ800,000

โ‚ฉ1,000,000

Equipment

The Ministry of National Defense has revealed that it failed to provide sneakers to 7,411 recruits who joined the military from 22 May to 4 June 2012, after the budget was insufficient for need. The Defense ministry originally projected the cost of each pair of sneakers to be 11,000 KRW. However, the actual cost turned out to be 15,000 KRW.[52]

The office of National Assembly member Kim Kwang-jin of Democratic United Party revealed that cadets in Korea Military Academy were provided with sneakers worth 60,000 KRW and tennis shoes. Cadets in Korea Army Academy at Yeongcheon were provided with sneakers worth 64,250 KRW, in addition to running shoes and soccer shoes.[53]

Dual citizens

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[54] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[55] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[56]

Racial minorities

In 2011, the government dropped race-based requirements for mix-raced Korean nationals conscripted into the armed forces.[57] However, there currently is no law allowing non-ethnic Korean citizens conscription into the armed forces. All naturalized citizens and citizens not of partial Korean ethnicity have a choice of whether to enlist or not.

Controversies

Violation of Forced Labour Convention

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[58] However, ILO defines conscription of non-military purpose as forced labour.[59]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. A majority (+90%) of the "Reserve - class 4 -" group work as "social service agents" (์‚ฌํšŒ๋ณต๋ฌด์š”์›), and earn far less than the minimum legal wage at various fields, including government offices, subway stations, tax offices, post offices, and sanitaria.[58]

In April 2021, South Korea ratified the Forced Labour Convention, but conscription remained in place. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4" now have the right to decide their methods of conscription between soldiers with active duty and "social service agents".[58] However, ILO continues to argue that enforcing "reserve - class 4-" to work as a "social service agent" is a violation of the Forced Labour Convention.[58]

Hazing

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

In recent years, the South Korean government has been preparing a policy to lower conscription standards for mental and physical conditions that were previously considered exempt, in light of concerns that the country's low birthrate will lead to fewer conscripts; South Korea had the lowest fertility rate in the world in both 2020 and 2021.[60] Experts have stated that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[61]

Draft evasion

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[62][63] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[64][65] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[66] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. He had already obtained U.S. permanent residency and, in order to evade military service, went to Los Angeles, where he acquired citizenship within two months, subsequently renouncing his Korean nationality. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[67] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[68] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[69] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[70] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[71]

See also

flag South Korea portal

Forced Labour Convention

Supplementary service in South Korea

Social service agent

Conscription in North Korea

(http://www.autoadmit.com/thread.php?thread_id=5327663&forum_id=2[/quote#49248898)



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Date: September 9th, 2025 9:05 PM
Author: sick love of her life

Conscription in South Korea

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First conscription examination, conducted on 16 December 1949 after liberation from Japan's colonial rule

Conscription

1780 caricature of a press gang

1780 caricature of a press gang

Related concepts

Alternative civilian serviceCivil conscriptionConscientious objectorConscription crisisCounter-recruitmentDraft-card burningDraft evasionEconomicFor autistic peopleImpressmentLevée en masseMale expendabilityMilitary serviceNational serviceOf people with disabilitiesPenal military unitSexismWar resister

By historical country

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Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service.[1][2] Women are not required to perform military service, but they may voluntarily join the military.[3]

South Korean soldiers in training

Establishment

The basis for military conscription in South Korea is the Constitution of the Republic of Korea, which was promulgated on 17 July 1948. The constitution states in Article 39, "All citizens shall have the duty of national defense under the conditions as prescribed by Act."[4][5]

In addition, the conscription is defined and acted by the "Military Service Act" (๋ณ‘์—ญ๋ฒ•).[6][7] According to the "Military Service Act" Article 3, "Every male citizen of the Republic of Korea shall faithfully perform mandatory military service, as prescribed by the Constitution of the Republic of Korea and this Act. A female may perform only active service or reserve service through volunteering" and "Except as provided in this Act, no special case concerning mandatory military service shall be prescribed". Only males being drafted was confirmed by the Constitutional Court of Korea, which declared in 2006 that it is the right of government to decide whoever is subject of the conscription, and hence there is no constitutional error of government decisions.[8] Conscription is managed by the Military Manpower Administration, which was created in 1948.[9]

Enlistment and impairment-disability evaluation

By law, when a South Korean man turns 18 years old, he is enlisted for "first citizen service," meaning he is liable for military duty, but is not yet required to serve.[10][11] When he turns 19 years old (or, in some instances, 20 years old), he is required to undergo an Impairment & Disability evaluation to determine whether he is suitable for military service. The table below shows the evaluation's possible grades and their outcomes, according to the Military Service Act.[12] Men must enlist by the time they turn 28.[13]

Grade Description Outcome

1, 2, 3 "Those whose physical and psychological constitution is healthy enough to perform actively in army." "To be enlisted for active duty service, supplemental service or the second citizen service, based on their qualifications, such as educational background and age."

4 "Those whose physical and psychological constitution is not so healthy for active training but capable of doing supplemental service for civilians as replacements

(This is a common grade for people with minor disabilities)."

"To be enlisted for supplemental service or the second citizen service, based on their qualifications, such as educational background and age."

5 "Those incapable of entering active or supplemental service, but capable of entering the second citizen service

(This is a common grade for people with disabilities)."

"To be enlisted for the second citizen service."

6 "Those incapable of performing military service due to any disease or mental or physical incompetence

(This is a common grade for people with severe disabilities)."

"To be exempted from military service."

7 "Those unable to be graded...due to any disease or mental or physical incompetence." "To undergo a follow-up physical examination" within two years.

Term of South Korea military service

Areas Notation of military service relevant regulation Commonly used terms Meaning

English Korean English Korean

Conscription examination Draft Physical Examination ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ

์ง•๋ณ‘๊ฒ€์‚ฌ

์ง•๋ณ‘์‹ ์ฒด๊ฒ€์‚ฌ Conscription Examination

Military Service Judgment Examination

Physical Examination(PE) ์ง•๋ณ‘๊ฒ€์‚ฌ

๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ

์‹ ์ฒด๊ฒ€์‚ฌ(์‹ ๊ฒ€)

Physical Grade ์‹ ์ฒด๋“ฑ๊ธ‰

์‹ ์ฒด๋“ฑ์œ„ Physical Grade ์‹ ์ฒด๋“ฑ๊ธ‰

Grade I

Grade II

Grade III

Grade IV

Grade V

Grade VI

Grade VII 1๊ธ‰

2๊ธ‰

3๊ธ‰

4๊ธ‰

5๊ธ‰

6๊ธ‰

7๊ธ‰ Grade 1

Grade 2

Grade 3

Grade 4

Grade 5

Grade 6

Grade 7 1๊ธ‰

2๊ธ‰

3๊ธ‰

4๊ธ‰

5๊ธ‰

6๊ธ‰

7๊ธ‰

— ๊ฐ‘์ข…

์ œ1์„์ข…

์ œ2์„์ข…

์ œ3์„์ข…

๋ณ‘์ข…

์ •์ข…

๋ฌด์ข… Grade A

Grade B-1

Grade B-2

Grade B-3

Grade C

Grade D

Grade E ๊ฐ‘์ข…

1์„์ข…

2์„์ข…

3์„์ข…

๋ณ‘์ข…

์ •์ข…

๋ฌด์ข… Physical grades names from Before 1984

- Disposition for military service

- Type of service Preliminary Military Service

First militia Service

First Citizen Service ๋ณ‘์—ญ์ค€๋น„์—ญ

์ œ1๊ตญ๋ฏผ์—ญ Preliminary Military Service

1st Citizen Service ๋ณ‘์—ญ์ค€๋น„์—ญ

์ œ1๊ตญ๋ฏผ์—ญ

Active Service ํ˜„์—ญ Active ํ˜„์—ญ

Reserve Service ์˜ˆ๋น„์—ญ Reserve Service ์˜ˆ๋น„์—ญ

Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ

Supplementary Service

Supplemental Service

Recruit Service ๋ณด์ถฉ์—ญ Supplementary Service ๋ณด์ถฉ์—ญ

Wartime labor service

Second militia Service

Second Citizen Service ์ „์‹œ๊ทผ๋กœ์—ญ

์ œ2๊ตญ๋ฏผ์—ญ Exemption from Military Service in Ordinary time

Exemption from Ordinary time ํ‰์‹œ๋ณ‘์—ญ๋ฉด์ œ

ํ‰์‹œ๋ฉด์ œ

Exemption from Military service ๋ณ‘์—ญ๋ฉด์ œ Exemption from All Military Service

All exemption ๋ณ‘์—ญ์™„์ „๋ฉด์ œ

์™„์ „๋ฉด์ œ

Removal from Military Register ๋ณ‘์—ญ์ œ์  Exemption from All Military Service by Criminal record

All exemption from Criminal record ์ „๊ณผ์— ์˜ํ•œ ๋ณ‘์—ญ์™„์ „๋ฉด์ œ

์ „๊ณผ์— ์˜ํ•œ ์™„์ „๋ฉด์ œ

์ „๊ณผ๋กœ ๋ณ‘์—ญ์™„์ „๋ฉด์ œ

์ „๊ณผ๋กœ ์™„์ „๋ฉด์ œ In the case of being sentenced to more than 6 years in prison under the ROK Military service act, it was Removal from Military service registration.[14]

Disposition for subject to active duty, service, etc. Enlisted in Active Service ํ˜„์—ญ์ž…์˜๋Œ€์ƒ Active duty

Subject to Enlist

Subject to Conscription

Subject to Draft ํ˜„์—ญ๋Œ€์ƒ

ํ˜„์—ญ์ž…์˜๋Œ€์ƒ

์ง•๋ณ‘๋Œ€์ƒ

Called for Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ์†Œ์ง‘๋Œ€์ƒ Subject to Called for Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ์†Œ์ง‘๋Œ€์ƒ

Disposition for subject to supplementary service callup, service, etc. Called for Defense ๋ฐฉ์œ„์†Œ์ง‘๋Œ€์ƒ Called for Defense ๋ฐฉ์œ„์†Œ์ง‘๋Œ€์ƒ Defense Call-up(Defense soldier call-up) is classified as a supplementary service from 1969 to 1994. It was in the form of commuting from home to Military unit(or Police station, Police box, Conscription part of Town office).

— ๋ฐฉ์œ„๋ณ‘ Defense Soldier ๋ฐฉ์œ„๋ณ‘

Called for Public Interest Service ๊ณต์ต๊ทผ๋ฌด์š”์›์†Œ์ง‘๋Œ€์ƒ Called for Public Service ๊ณต์ต๋ณต๋ฌด์š”์› ์†Œ์ง‘๋Œ€์ƒ

Called for Social Service ์‚ฌํšŒ๋ณต๋ฌด์š”์›์†Œ์ง‘๋Œ€์ƒ Called for Social Service ์‚ฌํšŒ๋ณต๋ฌด์š”์› ์†Œ์ง‘๋Œ€์ƒ

Public interest service Personnel ๊ณต์ต๊ทผ๋ฌด์š”์› Social Service Personnel ๊ณต์ต๊ทผ๋ฌด์š”์›

Social Service Personnel ์‚ฌํšŒ๋ณต๋ฌด์š”์› Social Service Personnel ์‚ฌํšŒ๋ณต๋ฌด์š”์›

Certificate of Military Registration

Certificate of Military Registration data notation[15][16]

English Korean

Name Hong Gil-dong ํ™ ๊ธธ๋™

Kim Han-guk ๊น€ ํ•œ๊ตญ

Birth date 12 Mar. 1979 790312

28 Mar. 2001 2001. 3.28

Physical grade Grade I, II, III, IV, V, VI, VII 1, 2, 3, 4, 5, 6, 7๊ธ‰

Draft Physical Examination Omitted ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์ƒ๋žต

Disposition for military service Preliminary Military Service ๋ณ‘์—ญ์ค€๋น„์—ญ

Subject to Draft Physical Examination ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ๋Œ€์ƒ

Active Service ํ˜„์—ญ

Enlisted in Active Service ํ˜„์—ญ๋ณ‘์ž…์˜๋Œ€์ƒ

Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ

Called for Full-Time Reserve Service ์ƒ๊ทผ์˜ˆ๋น„์—ญ์†Œ์ง‘๋Œ€์ƒ

Supplementary Service ๋ณด์ถฉ์—ญ

Called for Social Service ์‚ฌํšŒ๋ณต๋ฌด์š”์›์†Œ์ง‘๋Œ€์ƒ

Alternative Service ๋Œ€์ฒด์—ญ

Called for alternative service ๋Œ€์ฒด๋ณต๋ฌด์š”์›์†Œ์ง‘๋Œ€์ƒ

Reserve Service ์˜ˆ๋น„์—ญ

Subject to Follow-up Physical Examination ์žฌ์‹ ์ฒด๊ฒ€์‚ฌ๋Œ€์ƒ

Wartime Labor Service ์ „์‹œ๊ทผ๋กœ์—ญ

Exemption from Military Service ๋ณ‘์—ญ๋ฉด์ œ

Removal from Military Register ๋ณ‘์ ์ œ์ (6๋…„์ด์ƒ์ˆ˜ํ˜•)

Reason of disposition An only son ๋…์ž

Wounded in action or injured in the line of duty ์ „·๊ณต์ƒ

(Family member) wounded in action or injured in the line of duty (๊ฐ€์กฑ)์ „·๊ณต์ƒ

Difficulties in Earning a Livelihood ์ƒ๊ณ„์œ ์ง€๊ณค๋ž€

Not Completing Middle School ์ค‘ํ•™๊ต ์ค‘ํ‡ด์ดํ•˜

Long-term Waiting ์žฅ๊ธฐ๋Œ€๊ธฐ

Emigration ๊ตญ์™ธ์ด์ฃผ(์ด๋ฏผ)

Acquisition of the Permanent Residence Right ์˜์ฃผ๊ถŒ์ทจ๋“

Loss of nationality ๊ตญ์ ์ƒ์‹ค

Thirty-one years of age or older 31์„ธ์ด์ƒ

Thirty-six years of age or older 36์„ธ์ด์ƒ

Remaining in Physical Grade VII for one year or longer 7๊ธ‰1๋…„์ด์ƒ

Remaining in Physical Grade VII for two year or longer 7๊ธ‰2๋…„์ด์ƒ

Naturalization ๊ท€ํ™”

Multiracial child ํ˜ผํ˜ˆ์•„

Serving a sentence ์ˆ˜ํ˜•

Child born out of wedlock ํ˜ผ์ธ์™ธ ์ถœ์ƒ์ž

Excluded from the Public ์ œ์™ธ

Immigrated from the North of the Military Demarcation Line ๊ตฐ์‚ฌ๋ถ„๊ณ„์„  ์ด๋ถ์ง€์—ญ์—์„œ ์ด์ฃผ

Boot camp Army Recruit Training Center ์œก๊ตฐ ํ›ˆ๋ จ์†Œ

OO Replacement Center OO ๋ณด์ถฉ๋Œ€

OO Division OO ์‚ฌ๋‹จ

Draft examination Postponement of Draft Physical Examination (Studying Abroad) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(์œ ํ•™)

Postponement of Draft Physical Examination (Seafarer) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(์„ ์›)

Postponement of Draft Physical Examination (Residing Abroad) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(๊ตญ์™ธ์ด์ฃผ)

Postponement of Draft Physical Examination (Emigration) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(๊ตญ์™ธ๊ฑฐ์ฃผ)

Postponement of Draft Physical Examination (In Prison) ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์—ฐ๊ธฐ(์žฌ๊ฐ)

Evasion of Draft Physical Examination ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ ๊ธฐํ”ผ

Enlist of active Postponement of Conscription (Student) ์ž…์˜์—ฐ๊ธฐ(์žฌํ•™์ƒ)

Postponement of Conscription (Studying Abroad) ์ž…์˜์—ฐ๊ธฐ(์œ ํ•™)

Postponement of Conscription (Residing Abroad) ์ž…์˜์—ฐ๊ธฐ(๊ตญ์™ธ๊ฑฐ์ฃผ)

Postponement of Conscription (Emigration) ์ž…์˜์—ฐ๊ธฐ(๊ตญ์™ธ์ด์ฃผ)

Postponement of Conscription (Training in Research Institute) ์ž…์˜์—ฐ๊ธฐ(์—ฐ์ˆ˜)

Postponement of Conscription (Outstanding Athlete) ์ž…์˜์—ฐ๊ธฐ(์šฐ์ˆ˜์—ฐ์ˆ˜)

Postponement of Conscription Date ์ž…์˜์ผ์ž ์—ฐ๊ธฐ

Homecoming after Conscription ์ž…์˜ํ›„ ๊ท€๊ฐ€

Subject to Notice of Re-Conscription ์žฌ์ž…์˜ํ†ต์ง€๋Œ€์ƒ

Domestic Reason ๊ฐ€์‚ฌ์‚ฌ์ •

Employed Abroad ๊ตญ์™ธ์ทจ์—…

Residing in an Unreclaimed Area ๋ฏธ์ˆ˜๋ณต์ง€๊ตฌ๊ฑฐ์ฃผ

Application for Military Service ๊ตฐ ์ง€์›

Evasion of Conscription ์ž…์˜๊ธฐํ”ผ

Missing ํ–‰๋ฐฉ๋ถˆ๋ช…

(Medical/Judicial/Religious) Officer/Cadet Officer (์˜๋ฌด/๋ฒ•๋ฌด/๊ตฐ์ข…)์žฅ๊ต/์‚ฌ๊ด€ํ›„๋ณด์ƒ

Basic Branch Officer ๊ธฐ๋ณธ๋ณ‘๊ณผ์žฅ๊ต

Noncommissioned Cadet Officer ๋ถ€์‚ฌ๊ด€ ํ›„๋ณด์ƒ

Enlistment in OO OO ํŽธ์ž…

Removed from OO OO ์ œ์ 

Call of supplementary service, etc. Postponement of Call (Student) ์†Œ์ง‘์—ฐ๊ธฐ(์žฌํ•™์ƒ)

Postponement of Call (Studying Abroad) ์†Œ์ง‘์—ฐ๊ธฐ(์œ ํ•™)

Postponement of Call (Seafarer) ์†Œ์ง‘์—ฐ๊ธฐ(์„ ์›)

Postponement of Call (Residing Abroad) ์†Œ์ง‘์—ฐ๊ธฐ(๊ตญ์™ธ๊ฑฐ์ฃผ)

Postponement of Call (Emigration) ์†Œ์ง‘์—ฐ๊ธฐ(๊ตญ์™ธ์ด์ฃผ)

Postponement of Call (Training in Research Institute) ์†Œ์ง‘์—ฐ๊ธฐ(์—ฐ์ˆ˜)

Postponement of Call (Outstanding Athlete) ์†Œ์ง‘์—ฐ๊ธฐ(์šฐ์ˆ˜์—ฐ์ˆ˜)

Postponement of Call Date ์†Œ์ง‘์ผ์ž์—ฐ๊ธฐ

Exemption from Call ์†Œ์ง‘๋ฉด์ œ

Evasion from Call ์†Œ์ง‘๊ธฐํ”ผ

Enlistment in OO (์‚ฐ์—…์š”์›๋“ฑ)ํŽธ์ž…

Cancellation of Enlistment in OO OO ํŽธ์ž…์ทจ์†Œ

Advance Service ์„ ๋ณต๋ฌด

Social Service Personnel ์‚ฌํšŒ๋ณต๋ฌด์š”์›

International Cooperation Service Personnel ๊ตญ์ œํ˜‘๋ ฅ๋ด‰์‚ฌ์š”์›

Art and Sports Personnel ์˜ˆ์ˆ ์ฒด์œก์š”์›

Expert Research Personnel ์ „๋ฌธ์—ฐ๊ตฌ์š”์›

Industrial Technical Personnel ์‚ฐ์—…๊ธฐ๋Šฅ์š”์›

International Cooperative Doctor ๊ตญ์ œํ˜‘๋ ฅ์˜์‚ฌ

Public-Service Advocate ๊ณต์ต๋ฒ•๋ฌด๊ด€

Public Health Doctor ๊ณต์ค‘๋ณด๊ฑด์˜์‚ฌ

Doctor Exclusively in Charge of Draft Physical Examination ๋ณ‘์—ญํŒ์ •๊ฒ€์‚ฌ์ „๋‹ด์˜์‚ฌ

Onboard Ship Reserve Service ์Šน์„ ๊ทผ๋ฌด์˜ˆ๋น„์—ญ

Alternative Service Personnel ๋Œ€์ฒด๋ณต๋ฌด์š”์›

Others Ban on foreign travel (a person who has stayed in the country for one year or longer) ์ถœ๊ตญ๊ธˆ์ง€(1๋…„์ด์ƒ ๊ตญ๋‚ด์ฒด์žฌ)

Removal of the ban on foreign travel (others)

Jehovah's Witnesses ์—ฌํ˜ธ์™€์˜ ์ฆ์ธ

Departure before age 24 24์„ธ์ด์ „์ถœ๊ตญ

Period of Mandatory Service ์˜๋ฌด๋ณต๋ฌด๊ธฐ๊ฐ„

Exclusion from the Military Service ๊ตฐ๋ณต๋ฌด ์ œ์™ธ๊ธฐ๊ฐ„

Short-term overseas travel ๋‹จ๊ธฐ์—ฌํ–‰

Illegal stay in a foreign country ๊ตญ์™ธ๋ถˆ๋ฒ•์ฒด์žฌ

Violation of duty to obtain permission for overseas travel ๊ตญ์™ธ์—ฌํ–‰ํ—ˆ๊ฐ€์˜๋ฌด์œ„๋ฐ˜

Forces Army ์œก๊ตฐ

Navy ํ•ด๊ตฐ

Air Force ๊ณต๊ตฐ

Marine, Subordinate to ROK Navy ํ•ด๋ณ‘๋Œ€

Expiration date Indefinite ๋ฌด๊ธฐํ•œ

6 Months 6์›”

Type of service Reserve Service ์˜ˆ๋น„์—ญ

Recruit Service ๋ณด์ถฉ์—ญ

Exemption from the Service ๋ฉด์—ญ

Retirement from the Service ํ‡ด์—ญ

Removal from Military Register ๋ณ‘์ ์ œ์ 

Discharge Discharge from Military Service ์ „์—ญ

Discharge from Military Service by Application ์›์— ์˜ํ•œ ์ „์—ญ

Forced Discharge from Military Service ์›์— ์˜ํ•˜์ง€ ์•„๋‹ˆํ•œ ์ „์—ญ

Home on Leave from Military Service ๊ท€ํœด์ „์—ญ

Discharge from Military Service as Woman ์—ฌ๊ตฐ์ „์—ญ

Completion of Service ๋ณต๋ฌด๋งŒ๋ฃŒ

Completion of Service(Release from Call) ๋ณต๋ฌด๋งŒ๋ฃŒ(์†Œ์ง‘ํ•ด์ œ)

Completion of Military Service ๋งŒ๊ธฐ

Age Limit ์—ฐ๋ น์ •๋…„

Disease ์˜๋ณ‘

Domestic Reason ๊ฐ€์‚ฌ์‚ฌ์ •(์˜๊ฐ€์‚ฌ)

Difficulties in Maintaining Household ์ƒ๊ณ„๊ณค๋ž€

An only son ๋…์ž

wounded in action or injured in the line of duty ์ „·๊ณต์ƒ

Emigration ๊ตญ์™ธ์ด์ฃผ

Disqualification ์‹ ๋ถ„์ƒ์‹ค

Exclusion to the Public ์ œ์™ธ

Secession from Military Service ๊ตฐ๋ณต๋ฌด์ดํƒˆ(์‚ญ์ œ)

Removal from the Army Register ๊ตฐ ์ œ์ 

Self-Surrender ์ž์ˆ˜์‹ ๊ณ 

National Land Construction Corps ๊ตญํ† ๊ฑด์„ค๋‹จ

Volunteer Soldier as a Student ํ•™๋„์˜์šฉ๊ตฐ

Military Service Act ๋ณ‘์—ญ๋ฒ•

Enforcement Decree of Military Service Act ๋ณ‘์—ญ๋ฒ•์‹œํ–‰๋ น

Detailed Enforcement Regulation of Military Service Act ๋ณ‘์—ญ๋ฒ• ์‹œํ–‰๊ทœ์น™

Combatant police, etc. Combatant Police Officer ์ „ํˆฌ๊ฒฝ์ฐฐ

Auxiliary Police Officer ์˜๋ฌด๊ฒฝ์ฐฐ

Obligatory Fireman ์˜๋ฌด์†Œ๋ฐฉ

Coast Guard ํ•ด์–‘๊ฒฝ์ฐฐ

Correctional Guard ๊ฒฝ๋น„๊ต๋„

Legal Military service age

The age standard is from January 1 to December 31 of the year of age.

โ– : Age group of Mandatory Military service

โ– : Age group of Mandatory Military service in Wartime

Age Mandatory military service Duty of conscription examination and enlist, etc. Type of service Note

17 or younger Military Manpower Administration takes over the Identity registration data of persons (17-year-old male) who are enrollment to Military Service Registration(Assignment the Preliminary Military Service) in the following year from the Ministry of the Interior, and transmits them to the Local Military Manpower Office.

18 Subject for Mandatory Military service of Peacetime No, but voluntary enlistment possible.

- Assignment the Preliminary Military Service.

- Persons with disabilities registered under the Disabled registration system is Wartime Labor Service or Exemption from Military Service.Note 1

1.Age group subject to Civil Defense Corps under the Framework Act on Civil Defense from the age of 20[17]

2.Subject to a return order from the chief of staff of each military if he desertied while serving on the basis of active duty soldiers.

3.Reserve soldiers and Completed their service Supplementary soldiers in the Age group of Exemption from Duty of conscription examination and enlist, etc.(38 to 40 years old, 38 to 45 years old in Wartime) can be assigned to the Reserve Force according to the Reserve Forces Act on a wartime basis.[18]

19 to 35 All Military service obligators are obligated to Conscription examination and Enlist/Call-up(Passed person from Conscription examination. Active duty is Enlist, Supplementary Service is Call-up) 1.According to the results of the Conscription examination.(Military Disposition. Active duty, Supplementary service, Wartime labor service or Exempted from Military service)

2.When the Mandatory service(Active service) period is completed, they are transferred to reserve service.

36 to 37 1.In the peacetime, General Military service obligators are no Conscription examination and Enlist/Call-up

2.In the peacetime, Military Service Act Violators, Oversea stayer, etc. are obligated to Conscription examination. When disposed of as a Supplementary service, there is an Obligation to convene Public service.

3.In the wartime, All Military service obligators are obligated to enlist as conscription examination and active duty.

1.Same as above.

2.Military Service Act Violators, Overseas stayer, etc. are Subject to Supplementary service, Wartime Labor Service or Exempted from Military service according to the results of the Conscription examination.

38 to 40 In any case, No duty of Conscription Examination and Enlist. Same as above.

41 to 45 1.End of Mandatory Military service from Peacetime(Soldier ranks)

2.Extension of Mandatory Military service from Wartime Exemption from Service for Active Soldiers, Reserve Soldiers, Supplementary Soldiers, Wartime Labor Service in PeacetimeNote 2 Reserve soldiers and Completed their service Supplementary soldiers can be assigned to the Reserve Force according to the Reserve Forces Act on a Wartime basis.

46 or older End of Mandatory Military service from Peacetime and Wartime. Exemption from Service for Active, Reserve, Supplementary Soldiers, Wartime Labor Service in Peacetime and WartimeNote 2 Expanded 50 years of age for the Wartime Civil Defense Corps

Note 1: Some disabled person (mild disabled person). If the disability status of a disabled person changes at the age of 19, or if a reason for the return of the disabled registration card occurs, a Conscription Examination shall be performed.

Note 2:

Republic of Korea Armed Forces soldier (Byeong) ranks

English Korean

Army Navy Air Force Marine Corps

Sergeant Petty Officer Second Class Staff Sergeant Sergeant ๋ณ‘์žฅ

Corporal Petty Officer Third Class Senior Airman Corporal ์ƒ๋“ฑ๋ณ‘

Private First Class Seaman Airman First Class Lance Corporal ์ผ๋“ฑ๋ณ‘

Private Second Class Seaman Apprentice Airman Private First Class ์ด๋“ฑ๋ณ‘

Note 3: Retirement of Officers, Warrant officers, and Noncommissioned officers when they reach retirement age of rank from Military Personnel Management Act.[19]

History of military service age

1971 to 1984

Age Mandatory military service Duty of conscription examination and enlist, etc. Type of service

17 or younger — None. —

18 to 19 Subject for Mandatory Military service of Peacetime Assignment the 1st Citizen Service.

20 to 30 All Military service obligators are obligated to Conscription examination and Enlist/Call-up (Passed person from Conscription examination. Active duty is Enlist, Supplementary Service is Call-up) 1.According to the results of the Conscription examination. (Military Disposition. Active duty, Supplementary service, Wartime labor service or Exempted from Military service)

2.Those who are not Active (Serving), Reserve, or Supplementary Service are the 1st Citizen service.

3.When the Mandatory service (Active service) period is completed, they are transferred to Reserve service.

31 to 35 1.In peacetime, All Military Service Obligators (Including those Military Service Act Violators, Oversea stayer, etc.) are no Conscription examination, Enlist, Supplementary Service Call-up (Exemption from Call)Note 1

2.In the wartime, All Military service obligators are obligated to enlist as conscription examination and active duty. 1.Same as above.

2.The 1st Citizen service that has not been Conscription examination and those Subject to Active Enlist (Subject to draft) who have not been notified of Active draft are transferred to Supplementary service.

36 to 40 In any case, No duty of Conscription Examantion and Enlist.

41 to 45 1.End of Mandatory Military service from Peacetime (Soldier ranks)

2.Extension of Mandatory Military service from Wartime Exemption from Service for Active Soldiers, Reserve Soldiers, Supplementary Soldiers, Wartime Labor Service in PeacetimeNote 2

46 or older End of Mandatory Military service from Peacetime and Wartime. Exemption from Service for Active, Reserve, Supplementary Soldiers, 2nd Citizen Service in Peacetime and WartimeNote 2

Note 1: According to Article 7 of the Military Service Act Addenda in 1971, Military Service Act Violators(Conscription examination or Enlist refusers/dodgers) as of the enforcement year(1971) are obligated to Conscription examination and enlist.[20]

Note 2: Retirement of Officers, Warrant officers, and Noncommissioned officers when they reach retirement age of rank.

1984 to 1993

Age Mandatory military service Duty of conscription examination and enlist, etc. Type of service

17 or younger a 17-year-old person (17-year-old male) must report the incorporation of the 1st Citizen service to the Town mayor or Village Chief. No, But Possible the Voluntary enlist.

18 Subject for Mandatory Military service of Peacetime not enlisted from 1st Citizen Service

19 to 30 All Military service obligators are obligated to Conscription examination and Enlist/Call-up (Passed person from Conscription examination. Active duty is Enlist, Supplementary Service is Call-up) 1.According to the results of the Conscription examination. (Military Disposition. Active duty, Supplementary service, Wartime labor service or Exempted from Military service)

2.Those who are not Active (Serving), Reserve, or Supplementary Service are the 1st Citizen service.

3.When the Mandatory service (Active service) period is completed, they are transferred to Reserve service.

31 to 35 1.In the peacetime, All Military Service Obligators (Including those Military Service Act Violators, Oversea stayer, etc.) are no Conscription examination, Enlist, Supplementary Service Call-up (Exemption from Call)

2.In the wartime, All Military service obligators are obligated to enlist as conscription examination and active duty. 1.Same as above.

2.The 1st Citizen service that has not been Conscription examination and those Subject to Active Enlist (Subject to draft) who have not been notified of Active draft are transferred to Supplementary service.

36 to 40 In any case, No duty of Conscription Examantion and Enlist.

41 to 45 1.End of Mandatory Military service from Peacetime (Soldier ranks)

2.Extension of Mandatory Military service from Wartime Exemption from Service for Active Soldiers, Reserve Soldiers, Supplementary Soldiers, Wartime Labor Service in PeacetimeNote

46 or older End of Mandatory Military service from Peacetime and Wartime. Exemption from Service for Active, Reserve, Supplementary Soldiers, 2nd Citizen Service in Peacetime and WartimeNote

Note: Retirement of Officers, Warrant officers, and Noncommissioned officers when they reach retirement age of rank.

1994 to 2010

Age Mandatory military service Duty of conscription examination and enlist, etc. Type of service

17 or younger a 17-year-old person (17-year-old male) must report the incorporation of the 1st Citizen service to the Town mayor or Village Chief. (Before February 5, 1999)

Military Manpower Administration takes over the Identity registration data of persons (17-year-old male) who are enrollment to Military Service Registration (Assignment the Preliminary Military Service) in the following year from the Ministry of the Interior, and transmits them to the Local Military Manpower Office. (After February 5, 1999)

18 Subject for Mandatory Military service of Peacetime No, but voluntary enlistment is possible. Assignment the 1st Citizen Service.

Persons with disabilities registered under the Disabled registration system is Wartime Labor Service or Exemption from Military Service.

19 to 30 All Military service obligators are obligated to Conscription examination and Enlist/Call-up (Passed person from Conscription examination. Active duty is Enlist, Supplementary Service is Call-up) 1.According to the results of the Conscription examination. (Military Disposition. Active duty, Supplementary service, Wartime labor service or Exempted from Military service)

2.When the Mandatory service (Active service) period is completed, they are transferred to reserve service.

31 to 35 1.In the peacetime, General Military service obligators are no Conscription examination and Enlist/Call-up

2.In the peacetime, Military Service Act Violators, Oversea stayer, etc. are obligated to Conscription examination. When disposed of as a Supplementary service, there is an Obligation to convene Public service.

3.In the wartime, All Military service obligators are obligated to enlist as conscription examination and active duty.

1.Same as above.

2.Military Service Act Violators, Overseas stayer, etc. are Subject to Supplementary service, Wartime Labor Service or Exempted from Military service according to the results of the Conscription examination.

38 to 40 In any case, No duty of Conscription Examination and Enlist. Same as above.

41 to 45 1.End of Mandatory Military service from Peacetime (Soldier ranks)

2.Extension of Mandatory Military service from Wartime Exemption from Service for Active Soldiers, Reserve Soldiers, Supplementary Soldiers, Wartime Labor Service in PeacetimeNote

46 or older End of Mandatory Military service from Peacetime and Wartime. Exemption from Service for Active, Reserve, Supplementary Soldiers, Wartime Labor Service in Peacetime and WartimeNote

Note: Retirement of Officers, Warrant officers, and Noncommissioned officers when they reach retirement age of rank.

Determination criteria of physical grades

There are seven physical grades. Grade name is I, II, III, IV, V, VI and VII. Before 1984 grades name is A, B (respectively B-I, B-II, B-III), C, D and E

Before 1984 After 1984

Name Korean Name Korean

Grade A ๊ฐ‘์ข… Grade I 1๊ธ‰

Grade B-I ์ œ1์„์ข… Grade II 2๊ธ‰

Grade B-II ์ œ2์„์ข… Grade III 3๊ธ‰

Grade B-III ์ œ3์„์ข… Grade IV 4๊ธ‰

Grade C ๋ณ‘์ข… Grade V 5๊ธ‰

Grade D ์ •์ข… Grade VI 6๊ธ‰

Grade E ๋ฌด์ข… Grade VII 7๊ธ‰

I, II, III and IV is Accepted, and grades V, VI and VII is Rejected.

The criteria for determining the physical grade shall be in accordance with Attached form 2 and 3 of the "Rules for examination of Conscription Physical Examination, etc.(๋ณ‘์—ญํŒ์ • ์‹ ์ฒด๊ฒ€์‚ฌ ๋“ฑ ๊ฒ€์‚ฌ๊ทœ์น™ [ko])" Attached form 2 sets the criteria for determining height and weight. Attached form 3 is the evaluation criteria for diseases and mental and physical disabilities, which vary from year to year.

In the following criteria, diseases and mental and physical disabilities are described mainly as representative or known.

Physical grades Accepted or Rejected Standards[21] Type of military service[22]

I Accepted Physical and Psychological constitution is healthy, and can serve in active duty or supplementary service.

Active duty, Supplementary service, and Wartime labor service based on Qualifications (Educational background, Age, etc.)

2

3

4

5 Rejected Those incapable of entering active or supplementary service, but capable of entering the wartime labor service Wartime labor service

6 Those incapable of performing military service due to disease or mental or physical disorder Exempted from Military service

7 In the case where grades I, II, III, IV, V, VI cannot be received due to Disease or Mental and Physical disability Subject to Rephysical examination

Physical grade Height (centimeters), weight (BMI) Disease or disabled

I

Height 161๏ฝž203.9 cm๏ผšBMI20.0๏ฝž24.9

A completely healthy person without illness or physical disability

Those in good condition after treatment of acute infectious diseases

II

Height 161๏ฝž203.9 cm๏ผšBMI18.5๏ฝž19.9ใƒปBMI25.0๏ฝž29.9

Allergic rhinitis

III

Height 159๏ฝž160 cm๏ผšBMI16.0๏ฝž34.9

Height 161๏ฝž203.9 cm๏ผšBMI16.0๏ฝž18.4, BMI30.0๏ฝž34.9

Hepatitis B carrier

Conservative treated or Operated PneumothoraxNote 1

Mental disease

Minor, Mild Depression

Minor, Mild Obsessive-compulsive disorder

Several Developmental Disability (ADHD, Learning Disability)

IV

Height 146๏ฝž158 cm

Height 159๏ฝž203.9 cm: Below BMI16.0 and BMI35.0 or Over

Height 204 cm or Over

Case of endoscopic surgery with either Early gastric cancer, Early colorectal cancer, or Carcinoid

Prodrome of Skin malignant tumor(Giant acromegaly condyloma, Bowen disease), Basal cell carcinoma

Mental disease

Borderline intellectual functioning

Mild Autism Spectrum Disorder (High-functioning Autism, Asperger Syndrome, PDD-NOS without Intellectual Disability)

V

Height 140.1๏ฝž145 cm

Mental disease

Schizophrenia

Gender dysphoria

Mild Intellectual Disability

Autism Spectrum Disorder without Intellectual Disability (High-functioning Autism, Asperger Syndrome, PDD-NOS without Intellectual Disability)

VI

Height 140 cm or Below

Malignant tumor (Cancer)

Metastasized skin cancer

Bone cancer

HIV carrier

Hansen's Disease (Leprosy)

Mental disease

Schizophrenia with Personality devastated

Moderate, Severe and Profound Intellectual Disability

Autism Spectrum Disorder with Intellectual Disability (Low-functioning autism, Childhood disintegrative disorder)

VII

Note 1: Surgery due to pneumothorax is Grade V in 1992.

Disposition for military service by educational background and physical grade

According to Article 14 of the Military Service Act, grades I to IV are based on qualifications (education, age, etc.) and are subject to active service, supplementary, wartime workers, Grade V exemptions, Grade VI exemptions, and Grade VII medical examinations. The criteria for disposing of active duty or supplementary officers in grades I to IV are determined by the Military Manpower Administration's announcement (annual announcement of conscription inspection). According to the announcement, the criteria for military service are as follows.

Active duty (ํ˜„์—ญ, Subject to Enlist for Active duty. Subject to Draft)

Mix of active and supplementary

Supplementary service (๋ณด์ถฉ์—ญ)

Wartime labor service (์ „์‹œ๊ทผ๋กœ์—ญ)[23]

Exempted from Military service (๋ณ‘์—ญ๋ฉด์ œ)

Subject to Physical Reexamination (์žฌ๊ฒ€์‚ฌ๋Œ€์ƒ)

Disposition for military service by educational background and physical grade (after 2021)

Educational background Physical grade

I II III IV V VI VII

Regardless Active duty Supplementary service Wartime Labor Service Exempted from Military service Subject to Physical reexamination

History of disposition for military service

1950s to 1969

Before the 1970s, the criteria for disposition of active duty and supplementary military service cannot be confirmed due to lack of data at the time.[24]

in 1950 to 1955

1950: It was the first year in the Republic of Korea that the Conscription was implemented. At that year, due to the limitation of 100,000 troops by the Korean military, the conscription system and Conscription Examination were suspended. However, in June of the same year, when the Korean War broke out, there was an unofficial conscription.

1952: As the Conscription system was Implemented again, Conscription Examination began again.

Educational

background Physical grade

A B-I B-II C D E

Regardless Accepted (Active duty, 1st Supplementary service, 2nd Supplementary service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1956

Educational background Physical grade

A B-I C D E

Regardless Accepted (Active duty, 1st Supplementary military service, 2nd Supplementary military service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1957

The supplementary military service was abolished by the enforcement of the revised Military Service Act from August 1957.[25]

Educational background Physical grade

A B-I B-II C D E

Regardless Accepted

(Active duty, 1st Supplementary military service, 2nd Supplementary military service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1958 to 1960

On February 24, 1958, there were Re-examination measures after canceling the judgment on 45,000 Grade C judges in the 1950 to 1957 Conscription examination.

Educational background Physical grade

A B-I B-II B-III C D E

Regardless Accepted (Active duty) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1961

There was a physical examination of public officials who were judged to be Grade C.

In 1961, there was a physical examination of 128,422 embroidered persons who reported between June 21 and June 30, which was set as the period for reporting embroidery of those who failed to serve in the military.

Educational background Physical grade

A B-I B-II C D E

Regardless Accepted (Active duty) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1962

Those born on or after January 1, 1930, who have been punished for active service under the Military Service Act enacted before October 1, 1962, and who have not joined the army, will be transferred to the 1st supplementary role and will be supplemented. (Except for those who joined the National Land Construction Team(๊ตญํ† ๊ฑด์„ค๋‹จ [ko]) in 1961.)

Educational background Physical grade

A B-I B-II B-III B-IV B-V C D E

Regardless Accepted (Active duty)

(After Oct, 1st 1962, Active duty, 1st Supplementary service, 2nd Supplementary service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

1963 to 1969

Among those who were examined for conscription in 1962, those who were judged to be Grade B4 and B5 were transferred to Grade C and converted to 2nd Citizen service.

Educational background Physical grade

A B-I B-II B-III C D E

Regardless Accepted (Active duty, 1st Supplementary service, 2nd Supplementary service) 2nd Citizen service Exempted from Military service Subject to Physical reexamination

After 1970s

1970

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout

Elementary school Graduated

Elementary school Dropout or less Active duty Supplementary service

1971

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout Active duty Supplementary service

Elementary school Graduated

Elementary school Dropout or less Active duty Supplementary service

1972

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout

Elementary school Graduated

Elementary school Dropout or less Active duty Supplementary service

1973

Middle school Graduated or more

Grade A, B-I, B-II: Active duty

Grade B-III: Supplementary service

Elementary school Graduated or more, Middle school Dropout or less

Grade A: Active duty

Grade B-I, B-II, B-III: Supplementary service

Elementary school Dropout or less: 2nd Citizen service

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout Active duty Supplementary service

Elementary school Graduated

Elementary school Dropout or less 2nd Citizen service

1974 to 1976

College attending or more

Grade A, B-I, B-II: Active duty

Grade B-III: Supplementary service

Middle school Graduated or more, High school Dropout or less

Grade A, B-I: Active duty

Grade B-II, B-III: Supplementary service

Elementary school Graduated or more, Middle school Dropout or less

Grade A: Active duty

Grade B-I, B-II, B-III: Supplementary service

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Graduated

Middle school Graduated

Middle school Dropout Active duty Supplementary service

Elementary school Graduated

Elementary school Dropout or less 2nd Citizen service

1977 to 1979

College attending or more

Grade A, B-I, B-II, B-III: Active duty

High school Graduated or less

Grade A, B-I: Active duty

Grade B-II, B-III: Supplementary service

Middle school Dropout or less: 2nd Citizen service

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1980 to 1983

College attending or more

ใ€€Grade A, B-I, B-II: Active duty

ใ€€Grade B-III: Supplementary service

High school Graduated or less

ใ€€Grade A: Active duty

ใ€€Grade B-I, II, III: Supplementary service

Educational background Physical grade

A B-I B-II B-III C D E

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1984

In 1984, Change of Physical Grade Name.

Before 1984 After 1984

Name Korean Name Korean

A ๊ฐ‘์ข… I 1๊ธ‰

B-I ์ œ1์„์ข… II 2๊ธ‰

B-II ์ œ2์„์ข… III 3๊ธ‰

B-III ์ œ3์„์ข… IV 4๊ธ‰

C ๋ณ‘์ข… V 5๊ธ‰

D ์ •์ข… VI 6๊ธ‰

E ๋ฌด์ข… VII 7๊ธ‰

College attending or more

ใ€€Grade I, II, III: Active duty

ใ€€Grade IV: Supplementary service

High school Graduated

ใ€€Grade I, II: Active duty

ใ€€Grade III, IV: Supplementary service

High school Dropout or less

ใ€€Grade I: Active duty

ใ€€Grade II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Dropout Active duty Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1985

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated Active duty Supplementary service

Middle school Dropout or less 2nd Citizen service

1986

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated Active duty Supplementary service

Middle school Dropout or less 2nd Citizen service

1987

High school Graduated or more

ใ€€Grade I, II: Active duty

ใ€€Grade III, IV: Supplementary service

High school Dropout or less

ใ€€Grade I: Active duty

ใ€€Grade II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Active duty Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1988 to 1991

1988: Skipped Conscription Examination of Elementary school Graduated or less

1989: Those aged 25 or older among those graduating from High school will be converted to Supplementary service.

June 1, 1991: High school graduates who are 162 centimeters or less, high school graduates and those who are above university students, and who are Grade II (and III, IV) due to myopia of ophthalmology, will be converted to Supplementary service. (A person who was Conscription examined from 1990)

November 15, 1991: Those who graduated from high school and a Physical grade II will be converted to Supplementary service. (A person who was Conscription examined from 1991)

January 1, 1992: Middle school Dropout or less is Supplementary service. (Exemption from Call of Bangwi)

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1992

Middle school Graduated or more, Physical grade I, II, III, IV: Active duty. But, on October 30 of the same year, it was changed as follows:

High school Graduated or more, Physical grade III, IV: converted to Supplementary service

High school Dropout or less, Physical grade I, II, III, IV: converted to Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1993

High school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

High school Dropout and Middle school Graduated with Grade I, II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1994

High school Graduated or more with Grade I, II, III, IV: Active duty

High school Dropout

Grade I: Active duty

Grade II, III, IV: Supplementary service

Middle school Graduated with Grade I, II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Active duty Supplementary service

Middle school Graduated Supplementary service

Middle school Dropout or less 2nd Citizen service

1995 to 1996

High school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Those who graduated from middle school and a Physical grade I, II, III, IV will be converted to Supplementary service from 1996

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

1997

High school Dropout or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Middle school Graduated

Grade I, II, III, IV: Supplementary service

High school Dropout with Physical grade III: converted to Supplementary service from June 2, 1997

High school Dropout with Physical grade II: converted to Supplementary service from January 1, 1998

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated Supplementary service

Middle school Dropout or less 2nd Citizen service

1998 to 2003

High school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Middle school Graduated, High school Dropout

Grade I, II, III, IV: Supplementary service

1999 to 2011

Skipped Conscription Examination with Transferred the 2nd Citizen service of Middle school Dropout or less in 1999 to 2011

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout Supplementary service

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

2004

Middle school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

2005

College attending or more with Grade I, II, III, IV: Active duty

Middle school Graduated and High school Dropout

Grade I, II, III: Active duty

Grade IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated Active duty Supplementary service

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

2006 to 2011

Middle school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less 2nd Citizen service

2012 to 1st half of 2015

Middle school Graduated or more

Grade I, II, III: Active duty

Grade IV: Supplementary service

Middle school Dropout or less with Physical Grade I, II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service 2nd Citizen service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout

Middle school Graduated

Middle school Dropout or less Supplementary service

External links

(in Korean) Public Notice of Draft examination in 2014(Military Manpower Administration Public Notice No. 2014-2)

2nd half of 2015 to 2020

High school Graduated or more

Grade I, II and III: Active duty

Grade IV: Supplementary service

High school Dropout of less with Physical grade I, II, III, IV: Supplementary service

Educational background Physical grade

I II III IV V VI VII

College attending or more Active duty Supplementary service Wartime Labor Service Exempted from Military service Subject to Physical reexamination

High school Graduated

High school Dropout or less Supplementary service

External links

(Korean) Public Notice of Draft examination in 2016(Military Manpower Administration Public Notice No. 2016-3)

(Korean) Public Notice of Draft examination in 2017(Military Manpower Administration Public Notice No. 2017-1)

(Korean) Public Notice of Draft examination in 2018(Military Manpower Administration Public Notice No. 2018-1)

(Korean) Public Notice of Draft examination in 2019(Military Manpower Administration Public Notice No. 2019-1)

(Korean) Public Notice of Draft examination in 2020(Military Manpower Administration Public Notice No. 2020-1)

Service types and length

Grade 1, 2, 3 and 4: those are suitable for military service (ํ˜„์—ญ)

The length of compulsory military service in South Korea varies based on military branch.[26][unreliable source?] Active duty soldiers serve 1 year 6 months in the Army or Marine Corps, 1 year 8 months in the Navy, or 1 year 9 months in the Air Force.[27] After conscripts finish their military service, they are automatically placed on the reserve roster and are obligated to attend 3 days of annual military training for 6 years[citation needed] (5 years from 2021).

Non-active duty personnel, or "supplemental service" personnel serve for various lengths: 1 year 9 months for social work personnel (better known as public service workers - personnel ordered to do public service work at places that require auxiliary workers such as local community centers like city halls, government agencies, and public facilities like subway stations);[28] 2 years 10 months for arts and sports personnel or industrial technical personnel; and 3 years for public health doctors, lawyers, veterinarians, or expert researchers.[29]

In 2010, there was growing public pressure to either shorten the length of conscription or to switch to voluntary military service, and calls from experts for a gradual phasing out of conscription rather than complete abolition.[30] However, in December 2010, after taking into consideration of the 2010 ROKS Cheonan sinking and Bombardment of Yeonpyeong incidents, the South Korean government said it would not reduce service periods.[31]

Grade 4: those are unsuitable for military service

Art and sports personnel

Artists and players who have won government accredited competitions are allowed to work as 'Art and Sports Personnel'. After a month of military training, Art and Sports Service agents work through their specialties to finish their military services; e.g. in professional sports teams, art galleries, museums or orchestra bands. Unlike other service agents who are working at factories, farms, universities, institutes or nursing homes, Art and Sports Service agents are allowed to work abroad.[citation needed]

Former president Park Chung Hee introduced exemptions for athletes in 1973 to win more medals for the country; some historians believe this also served as a distraction against the government's unpopularity.[32] After winning a gold medal at the 1976 Summer Olympics, wrestler Yang Jung-mo was granted the first exemption. In the 1980s, president Chun Doo-hwan promised exemptions to any athlete who won a medal of any kind at either the 1986 Asian Games or the 1988 Summer Olympics.[32]

When South Korea co-hosted the FIFA World Cup in 2002, their national football team was guaranteed an exemption if they reached the round of 16; the same promise was made to the national baseball team in 2006 if they reached the semifinals of the World Baseball Classic. Public outrage ensued, and similar exemptions have been rarely granted since.[32]

Current conscription regulations stipulate that athletes who win medals in the Olympic Games or gold medals in the Asian Games are granted exemptions from military service and are placed in Grade 4.[33] They are required to do four weeks of basic military training and engage in sports field for 42 months. After that, they are automatically placed on the reserve roster, and are obligated to attend a few days of annual military training for six years. In practice, after athletes finish their four weeks of basic military training, they are able to continue their own sports career during the 34 months of duty.[34]

The policy has resulted in coaches being accused of selecting players desperate to avoid military service instead of choosing the best athletes. Parents encourage their children to pursue sports in hopes of them receiving an exemption.[32]

Notable athletes who have been granted exemptions from military service are the bronze medal-winning men's football team at the 2012 Summer Olympics,[35][36] 2008 Olympic gold medalist badminton player Lee Yong-dae,[37] swimmer Park Tae-hwan,[38][39] 2014 Asian Games gold medalist tennis player Chung Hyeon,[40] 2018 Asian Games gold medalist footballer Son Heung-min, and 2018 Asian Games gold medalist baseball player Lee Jung-hoo.

Esports players were not exempt from conscription until 2023, when esports became a regular event at the 2022 Asian Games.[41][failed verification] Because esports had become a medal event in these games, it became possible for players to be exempt from conscription, so long as they won a gold medal in the games. The gold medal-winning roster of the country's national esports team became the first players to be granted the exemption.[42]

A total of 220 exemptions were granted from 2008 to 2018.[32]

Exemptions are also granted to classical musicians and ballet performers who win first place in stipulated international-level competitions. A two-year extension for notable K-pop artists (from a law that was passed in December 2020) could also be given by government for their career, the age for joining military is 30 (which previously was 28). Some resources and media outlets claim that the primary reason for this amendment was singer-songwriter Jin, who, at the time, was about to turn 28.[43][44] As his group BTS has had a huge impact (especially in the music industry) worldwide and contributed greatly to the spread of Korean culture and the Hallyu Wave, exemptions for them were in talks for a few years.[45][46] Despite this, BTS' record label, Big Hit Music, announced on October 17, 2022, that Jin withdrew his enlistment deferral request and will be the first in the group to enter into mandatory military service, with other members of BTS to be enlisted on a later date.[47]

Conscientious objection

The right to conscientious objection was not recognized in South Korea until recently. Over 400 men were typically imprisoned at any given time for refusing military service for political or religious reasons in the years before right to conscientious objection was established.[48]

On 28 June 2018, the South Korean Constitutional Court ruled the Military Service Act unconstitutional and ordered the government to accommodate civilian forms of military service for conscientious objectors.[49] Later that year on 1 November 2018, the South Korean Supreme Court legalized conscientious objection as a basis for rejecting compulsory military service.[50]

Salary and benefits

Salary per month in 2017[51]

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ163,000

โ‚ฉ176,400

โ‚ฉ195,500

โ‚ฉ216,000

Salary per month in 2018

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ306,100

โ‚ฉ331,300

โ‚ฉ366,200

โ‚ฉ405,700

Salary per month in 2019

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ306,100

โ‚ฉ331,300

โ‚ฉ366,200

โ‚ฉ405,700

Salary per month in 2020

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ408,100

โ‚ฉ441,700

โ‚ฉ488,200

โ‚ฉ540,900

Salary per month in 2021

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ459,100

โ‚ฉ496,900

โ‚ฉ549,200

โ‚ฉ608,500

Salary per month in 2022

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ510,100

โ‚ฉ552,100

โ‚ฉ610,200

โ‚ฉ676,100

Salary per month in 2023

Private (์ด๋“ฑ๋ณ‘) Private first class (์ผ๋“ฑ๋ณ‘) Corporal (์ƒ๋“ฑ๋ณ‘) Sergeant (๋ณ‘์žฅ)

โ‚ฉ600,000

โ‚ฉ680,000

โ‚ฉ800,000

โ‚ฉ1,000,000

Equipment

The Ministry of National Defense has revealed that it failed to provide sneakers to 7,411 recruits who joined the military from 22 May to 4 June 2012, after the budget was insufficient for need. The Defense ministry originally projected the cost of each pair of sneakers to be 11,000 KRW. However, the actual cost turned out to be 15,000 KRW.[52]

The office of National Assembly member Kim Kwang-jin of Democratic United Party revealed that cadets in Korea Military Academy were provided with sneakers worth 60,000 KRW and tennis shoes. Cadets in Korea Army Academy at Yeongcheon were provided with sneakers worth 64,250 KRW, in addition to running shoes and soccer shoes.[53]

Dual citizens

For dual citizens, or those with multiple citizenships, male South Koreans must choose their citizenship by the time they turn 18, before 31 March of that year. If these males choose to revoke their South Korean citizenship, they will not be required to complete their mandatory military service. However, if they fail to choose their citizenship by their 18th year, they will be subjected to fulfill their mandatory military service[54] and, for those who wish to maintain their multiple citizenships, an oath not to exert foreign nationality within two years since finishing their military service.[55] If males choose to renounce their citizenship by their 18th year, they are ineligible to gain a South Korean work visa (F series) until after they turn 40 years of age. It may still be possible to gain an E series visa.

There have been cases of Koreans abroad (e.g. Korean Americans) being forced to serve in the military, as they were unaware they were actually citizens of South Korea. This happens when these people visit South Korea. One cause of this is the inadvertent inclusion on the family register.[56]

Racial minorities

In 2011, the government dropped race-based requirements for mix-raced Korean nationals conscripted into the armed forces.[57] However, there currently is no law allowing non-ethnic Korean citizens conscription into the armed forces. All naturalized citizens and citizens not of partial Korean ethnicity have a choice of whether to enlist or not.

Controversies

Violation of Forced Labour Convention

The Forced Labour Convention explicitly excludes "any work or service exacted in virtue of compulsory military service laws for work of a purely military character" from its scope.[58] However, ILO defines conscription of non-military purpose as forced labour.[59]

According to ILO, South Korean conscription violates the forced labour convention, because South Korea enrolls men with disabilities for non-military purposes. A majority (+90%) of the "Reserve - class 4 -" group work as "social service agents" (์‚ฌํšŒ๋ณต๋ฌด์š”์›), and earn far less than the minimum legal wage at various fields, including government offices, subway stations, tax offices, post offices, and sanitaria.[58]

In April 2021, South Korea ratified the Forced Labour Convention, but conscription remained in place. South Korea changed its conscription law by providing "right to decide to be enrolled" to "reserve - class 4 -. those with minor disabilities". South Korea claims that this change makes the conscription legitimate because "reserve - class 4" now have the right to decide their methods of conscription between soldiers with active duty and "social service agents".[58] However, ILO continues to argue that enforcing "reserve - class 4-" to work as a "social service agent" is a violation of the Forced Labour Convention.[58]

Hazing

Main article: Hazing in the Republic of Korea Armed Forces

Lowering standards of acceptance

In recent years, the South Korean government has been preparing a policy to lower conscription standards for mental and physical conditions that were previously considered exempt, in light of concerns that the country's low birthrate will lead to fewer conscripts; South Korea had the lowest fertility rate in the world in both 2020 and 2021.[60] Experts have stated that such actions will lead to wider problems already present in the military, by recruiting personnel who would not be able to adapt to the closed military.[61]

Draft evasion

In general, the South Korean public tends to be intolerant towards men who attempt to evade mandatory military service or receive special treatment, especially if they are exploiting family wealth or political connections. Draft evasion is a punishable crime, but many entertainers, athletes, politicians and their children are known to have fabricated medical or other reasons to seek exemption from military service.[62][63] According to a 2017 report by the Military Manpower Administration, the most common evasion tactic was extreme weight loss or gain (37%), followed by fabrication of mental illness (23.7%), and deliberate full-body tattoos (20.3%).[64][65] Studying abroad or migrating overseas to obtain foreign citizenship are considered the preferred option for sons in wealthy families, while nearly a hundred high-ranking politicians including sitting members of the National Assembly have managed to arrange unexplained exemptions for their sons.[66] These cases of draft evasion are to be distinguished from conscientious objection on political or religious grounds.

Yoo Seung-jun (Steve Yoo)

In 2002, just before South Korean pop singer Yoo Seung-jun was due to be drafted for his military service, he became a naturalized U.S. citizen. He was born in Seoul and migrated to the United States at the age of 13. He had already obtained U.S. permanent residency and, in order to evade military service, went to Los Angeles, where he acquired citizenship within two months, subsequently renouncing his Korean nationality. The South Korean government considered it an act of desertion and deported him, banning him from entering the country permanently.[67] In February 2017, Yoo lost his second and final appeal regarding his entry ban which prohibited him from entry and any further appeals.[68] However, citing procedural irregularities, the South Korean Supreme Court re-opened the case in July 2019 and sent the case to the Seoul High Court, ordering them to retry Yoo's case.[69] In November 2019, the appeals court reversed the ban, paving the way for Yoo to return to the country, pending approval of a visa.[70] One of Yoo's visa requests was denied in July 2020 by the Los Angeles Consulate, citing Korean law that allows discretion in denying visas to applicants that "posed a threat to public interest."[71]

See also

flag South Korea portal

Forced Labour Convention

Supplementary service in South Korea

Social service agent

Conscription in North Korea

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