National Human Rights Commission of Korea Annual Report 2017
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concluded that employment of conscript force for this purpose is beyond the conscripts’ inherent
mission of providing assistance to maintain public order.
A complaint was received from the parents of police conscripts that assigning conscripts to the
same first-line-of-defense duty as career policemen at rallies and demonstrations is a violation
of human rights by the Chief of the National Police Agency, given that the mission of police
conscripts is to provide assistance to maintain public order.
The National Police Agency responded that “the placement of police conscripts on the scene
of rallies and demonstrations to prevent crime or suppress rioters is a lawful execution of official
duty. Based on the situation on the scene, the police may reinforce the police squad with the
conscripted police squad, and because there is not a large number of men in the police squad,
National Police Agency is working on a plan to gradually reduce the police conscript force and
consultation with the Ministry of National Defense and other relevant ministries.”
The Commission found that, from November 2016 to March 2017, the conscripted police
squad worked on average 15 hours and 40 minutes every Saturday, often missing meal times.
As the situation on the scene required, they climbed on top of a bus to suppress rioters. During
this period, 17 conscripts were injured on the scene. While the police squad personnel received
financial compensation for overtime work performed, which on average was between 87 and
125 hours a month, the conscripted police squad personnel received no other compensation than
a one-day special leave to sleep out.
The Commission argued that conscripts who perform their mandatory service in a fire
department are not directly involved in front-line firefighting missions, much like Coast
Guard conscripts are not directly involved in cracking down illegal fishing. In contrast, police
conscripts are required to perform beyond their assigned duty and are, in practice, performing
the duty of maintaining public order. The Commission also concluded that failure to properly
compensate conscripts for their work, which can last up to 24 hours and 30 minutes at a scene,
is an infringement of the general right to freedom of action guaranteed under Article 10 of the
Constitution.
Commission's
Major Activities
recruit more career policemen to offset the reduced force. However, this plan must be pursued in
Part 2
the police conscripts may, on occasion, come in direct contact with rioters.” It also added, “the