since December 2005, along with the same recommendation by the
international community including UNHRC. The
Constitutional Court
submitted its opinion that “conscientious objection to military service is an
essential aspect of freedom of conscience, and it is contrary to the
Constitution to force criminal penalties against them without harmonizing
obligation of military service and providing a way to realize both”.
82.
The Constitutional Court recognizes that article 5-1 of the “Military
Service Act” does not define alternative service as a kind of military service
and it is violating the freedom of conscience which is constitutional
fundamental right, and decided it is
unconformable to constitution
(Constitutional Court Decision 2011Heonba379 Decided June 28, 2018
“Constitutional complaint against article 88-1 and others of the Military
Service Act”). The Supreme Court has since acquitted conscientious
objectors.
83.
In order to introduce alternative service, the Korean government
announced legislation of “Partial Proposition of the Military Act” and
“Legislative bill of Assignment and Service of Alternative Services on 28
December 2018, and the National Assembly voted on above acts on 27
December 2019. On 31 December 2019, the Korean government proclaimed
those acts respectively. The NHRCK expressed its opinion that the main
contents of the legislation, including the reasons for application, the
reviewing agency, the length and scope of service, should be enacted and
amended in a manner consistent with the Constitution and international
human rights standards.
84.
In this regard, the Korea government decided to introduce 36 months
of alternative duty at correctional facilities’ dormitories from 2020. However,
additional research on alternative service such as reviewing service period is
30