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

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