correctional facilities as of June 2021, with the Act on the Assignment and Performance of the
Alternative Service enforced since January 2020. The alternative service personnel are required to
serve for 36 months, nearly double the service period in the military; to serve only in correctional
facilities; and to stay in the correctional facilities even after work hours.12
29. Recommendation: Establish plans to improve the period, area and duty of alternative service
to protect the rights of alternative service personnel.
30. With the proportion of women in the military increasing, the cases of sexual violence and
harassment against female soldiers are being continuously reported. The incidents of sexual
assault in the military, including recent violence against a female Air Force officer, illustrate that
the military system to protect the victims of sexual violence does not function properly.
31. Recommendation: Review the prevention and protection mechanisms on sexual violence in
the military, considering a sexual assault survivor’s suicide recently, and take measures to
prevent wrongdoings such as retaliating sexual violence reporters, concealing incidents or
placating the victims.
32. The average number of annual death case in the military was 81 in 2016-2021. Suicide is the
leading cause of death, accounting for 72% of all military deaths.13
33. Recommendation: Intensify the effort to prevent suicide in the military, paying attention to
identifying the root causes of suicide and the ways to improve the current preventive strategy.
34. The Constitutional Court ruled that Article 92-6 (Indecency Act) of the Military Criminal Act
was constitutional, three times in 2002, 2011, and 2016. Currently, four related cases – 3 cases in
2017 and 1 case in 2020 – are under the review of the Constitutional Court. The Government is
willing to comply with the Court’s decision.14 Meanwhile, the Supreme Court overturned military
convictions of two gay soldiers on 21 April 2022, reasoning that if same-sex sexual acts took
place off base, while they were off duty and by mutual consent, the Military Criminal Act does
not apply. It further provided that it is difficult for the acts between the soldiers to infringe
directly and specifically on military discipline and healthy life in the military community.
35. Recommendation: Repeal Article 92-6 of the Military Criminal Act which violates rights to
equality, sexual self-determination, and privacy of gay soldiers in the military.
Labor Rights
36. The Occupational Safety and Health Act was enforced from January 2020 to prevent
industrial accidents and create a safe working environment by expanding the responsibility of
original contractors. However, serious industrial accidents occur repeatedly. The Serious
Accidents Punishment Act entered into force from January 2022 to protect the lives and safety of
workers and citizens from industrial accidents. However, it is not applicable to businesses with
fewer than five employees and becomes effective from January 2024 for businesses with fewer
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