94 When foreigners who have applied for refugee status at airports or ports of entry and departure receive a non-referral decision on their refugee status recognition screening, they are denied entry. Currently, there is no administrative appeal process against the non-referral decision. If they disagree with the non-referral decision, they have to resort to legal action. Foreigners who are denied entry are not allowed to enter the country even if they are in the process of litigation, and thus are forced to reside in departure waiting rooms at the airports and the ports of entry and departure. 95 NHRCK, Recommendation for improving the refugee status application system at ports of entry and departure and the operation of departure waiting rooms (August 2016). 96 Article 83 (3) (Protection of Confidentiality of Communications) of the Telecommunications Business Act A telecommunications business operator may comply with a request for the perusal or provision of any of the following data (hereinafter, “provision of communications data”) from a court, a prosecutor, the head of an investigative agency (including the head of a military investigative agency, the Commissioner of the National Tax Service, and the Commissioner of a Regional Tax Office; hereinafter the same shall apply) or the head of an intelligence and investigation agency, for the purpose of conducting a trial or an investigation (including the investigation of a violation committed by means of a telephone, the Internet, etc. among the offenses prescribed in Article 10 (1), (3), and (4) of the Punishment of Tax Offenses Act), executing a sentence, or collecting information aimed at preventing any harm to the guarantee of national security: 1. Names of users; 2. Resident registration numbers of users; 3. Addresses of users; 4. Phone numbers of users; 5. User identification word (referring to the identification codes of users used to identify the rightful users of computer systems or communications networks); and 6. Dates on which users subscribe or terminate their subscriptions. 97 NHRCK, Opinion on the proposed partial amendment of the Protection of Communications Secrets Act (July 2019). 98 In its 5th periodic report, the Government stated that the reason for setting the service period for alternative service personnel for conscientious objection at 36 months was to ensure equity with other alternative service workers (34-36 months) such as industrial technical personnel and public health doctors. However, unlike other alternative service workers such as industrial technical personnel and public health doctors who commute to and from work, alternative service personnel for conscientious objection work in a residential setting, without commuting, at correctional facilities for 36 months, making it difficult to directly compare the two groups. 99 The period of active duty service under Article 18 (Active Duty Service) of the Military Service Act is 24 months for the Army, 26 months for the Navy, and 27 months for the Air Force. Currently, the period of active duty service is adjusted in accordance with Article 19 (Adjustment of Period of Active Duty Service) of the Military Service Act to 18 months for the Army, 20 months for the Navy, and 21 months for the Air Force. 38

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