o National Human Rights Commission of Korea held a Standing Committee on 27 June, where it decided to recommend to the Minister of National Defense to establish and implement alternative civilian service to guarantee the right to conscientious objection. It also decided to recommend to the Speaker of the National Assembly to enact the amendment draft to the Military Service Act after supplementing some provisions on independent operation of the deliberation body and guarantee fair implementation.
o Until now, the international community including the Human Rights Committee continued to recommend the Republic of Korea to acknowledge the right to conscientious objection and introduce alternative civilian service. In line with such recommendations, NHRCK also continued to express same opinion staring with its 2005 recommendation to implement alternative civilian service and submission of opinion in November 2016 to the Constitutional Court in regards to the constitutional appeal on acknowledgement of conscientious objection. In addition, on May 2017, it included ‘establishment of alternative civilian service for conscientious objectors’ in the 10 Human Rights Tasks proposed to the new administration.
o Taking those recommendations into consideration, the Korean government in 2007 announced its plan to introduce alternative civilian service. However, in December 2008, it went back to square one and since then, it continued to take up the position that only with stabilization of security on the Korean peninsula and agreement of the public, it would introduce alternative civilian service.
o Recently, the number of lower instance where conscientious objectors are found not guilty is increasing. According to the survey on human rights awareness of the public conducted by the NHRCK last year, 46.1% of the respondents were in favor of introducing the alternative civilian service, and the figure steadily increased from 10.2% in 2005. In addition, other public opinion polls also showed increasing number of people responding positively which suggest that there is a growing social consensus on introduction of alternative civilian service.
o The Standing Committee of NHRCK concluded that conscientious objection is related to human rights and cannot be resolved through punishment and the right to conscientious objection is protected under article 19 of the Constitution and article 18 of the ICCPR. Therefore, in order to balance freedom of conscience and military duty, alternative civilian service has to be introduced.
o In December 2005, when NHRCK recommended introduction of alternative civilian service, it proposed criteria regarding fair deliberation body and process, area, period of alternative service and the proposed amendment draft to the Military Service Act seems to fulfill those criteria in general.
o However, as fair deliberation and decision on applicants is crucial, a provision that guarantees independent operation and fairness of the deliberation body is needed. In addition, taking in to consideration of cases of Germany and Taiwan, the deliberation body is better not to be operated as an affiliate of the Ministry of National Defense or Military Manpower Administration.
o NHRCK hopes that the National Assembly passes the amendment draft in the nearest future and the Ministry of National Defense establishes and implements plans for introduction of alternative civilian service.
