nstitution.
-The government (Ministry of National Defense) released pre-announcement of legislations of the Parti
al Amendment of the Military Service Act and the Act on Transfer and Service of Alternative Service
on 28 December 2018 in order to introduce alternative civilian services. In this regard, the NHRCK ex
pressed its opinion on 31 January 2019 that the main content of the act including the reason for appli
cation, screening body, period and types of service should be enacted and amended in a way that fulfil
ls the Constitution and international human rights standard15.
2) Questions
- Please specify stance on introduction of an alternative civilian service pursuant to the NHRCK
recommendations and ruling of the Constitutional Court and provide detailed implementation pla
n.
20. Abolition of Article 7 of the National Security Act
1) Current Status
- There is a concern that Article 7 of the National Security Act violates the basic human rights includ
ing the freedom of expression as the provision is prescribed in a way that is excessively ambiguous an
d abstract. The 2014 report of the UN Special Rapporteur on Human Rights Defenders, 4 th Concluding
Observations of the UN Human Rights Committee in 2015 and the 2016 report of the UN Special Ra
pporteur on the rights to freedom of peaceful assembly and of association also stated that there is a p
ossibility of abuse of the National Security Act and restriction of political pluralism and freedom of ex
pression due to Article 7 of the Act.
- The case of Park Jung Geun, who was charged with violation of Article 7 of the National Security
15
The NHRCK stated that to comply with the Constitution and international human rights sta
ndards, an independent screening body from the military for fair deliberation has to be intro
duced, and the period and service area of alternative service should not be punitive and sh
ould be for public interest.