National Human Rights Commission of Korea Annual Report 2017
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D. Recommendation for an alternative civilian service system, etc.
On 27 June, the Commission recommended the Minister of National Defense to establish and
implement a plan for an alternative civilian service system to guarantee conscientious objections.
It also presented a written opinion to the Speaker of the National Assembly on the proposed
amendment to the Military Service Act, stating that an early enactment of the law would be
necessary, with some clear additional provisions to guarantee independence and fairness for an
alternative civilian service screening body.
The international community—the United Nations Human Rights Committee among others—
has continuously recommended Korea to recognize conscientious objections and introduce an
for the first time in 2005, the Commission has persistently raised the need for such an alternative
option, including submitting a written opinion to the Constitutional Court in 2016.
resolved by criminal punishment, and that the right to conscientious objection falls under the
freedom of conscience protected under Article 19 of the Constitution and Article 18 of the
International Covenant on Civil and Political Rights. Thus, it reaffirmed its position that an
alternative civilian service system is necessary to harmonize the freedom of conscience and the
obligation to serve the nation.
The Commission also expressed the opinion that while the amendment to the Military Service
Act proposed at the 20th National Assembly accommodates many of the suggestions that the
Commission made in 2005—regarding entity and procedures to ensure fair screening, areas of
alternative service, period of alternative service (1.5 times of active military duty), and form of
service (principle of communal life), the independence and fairness of the screening entity must
be ensured through regulations and, using the German and Taiwanese examples, the screening
entity should not be placed under the Ministry of National Defense (or Military Manpower
Administration).
Commission's
Major Activities
The Commission views conscientious objection as a human rights issue that cannot be
Part 2
alternative civilian service system. Since recommending an alternative civilian service system