National Human Rights Commission of Korea Annual Report 2019
The Commission viewed that inadequate housing is, by itself, a violation of the right to live in
dignity, right to health, right to life, and freedom and right to privacy due to tiny spaces, dilapidated
building, abhorrent living and hygiene conditions. Based on the results of surveys conducted in
2018, it made institutional improvement recommendations to promote the rights of those living in
non-dwelling housing.
On January 31, the Commission expressed an opinion to the Minister of National Defense
and the Minister of Justice regarding the proposed amendments to the Military Service Act and
the proposed law on the transfer and service of alternative service personnel (pre-announced by
the Ministry of National Defense) that some key provisions—reason for and period of applying
for alternative service, the review body, location and form of alternative service, and service
period—be revised in line with international human rights standards and the relevant rulings
by the Constitutional Court and the Supreme Court. The proposed bill provides that application
for alternative service be made no later than five days prior to enlistment or muster, limiting
applications from active duty personnel, reserves, and recruits. It also expressed concerns that
having a review body under the Ministry of National Defense risks affecting its independence and
the fairness, objectivity, and transparency of examination. Also, the bill provides that alternative
service personnel work and stay in correctional facilities, or public facilities as determined by
presidential decree, for 36 months to ensure equity with military service and the intensity of
civilian service. However, it fails to provide for pardon, reinstatement, or clearance of records for
those who were sentenced for conscientious objection.
The Commission concluded that, in line with international human rights standards, there should
be no restriction in the alternative service application period so that every conscientious objector
with a certain religious faith or belief in non-violence and peace can apply for alternative civilian
service anytime no matter when they gained such faith or belief. It also advised that the alternative
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Key Activities
A. Opinion Regarding Proposed Amendments to the Military Service Act
and the Proposed Law on Transfer and Service of Alternative Service
Personnel in Relation to the Introduction of Alternative Service
Part 2
3. Key Opinions Expressed