Page 256 - 2018 Defense White Paper

| Introduction of Alternative Service Program for Military Service Objectors Based on

Religion and Other Reasons | Between 2013 and 2017, 2,699 citizens refused to fulf ill their
military duty on account of religious belief and other reasons. Most of them were sentenced to
imprisonment for one year and six months or longer.

On June 28, 2018, the Constitutional Court of Korea declared Article 5(1) of the Military
Service Act unconstitutional for failing to provide alternative options for objectors, thereby
violating their constitutional freedom of conscience. The Constitutional Court ruled that the

provision remains effective until December 31, 2019.
Following the decision, the MND made efforts to develop reasonable alternative service
programs that harmonize the duty of military service with the freedom of conscience through

working-level action groups, advisory committees of civilian experts, public hearings, and
surveys.
The MND assessed possible measures under the principle of “introducing strict restrictions
designed to maintain the fairness of military service and prevent the abuse of alternative service

as a means of evasion, while respecting the international laws to the full extent as long as it does
not interfere with our national security.” Then, on December 28, 2018, the MND announced

an alternative service program that includes, among others, living and serving at correctional
facilities for 36 months.
The MND plans to present a government-proposed bill for the new program to the National
Assembly in early 2019, after pre-announcement, consultation with relevant ministries, a review

by the Ministry of Government Legislation, and cabinet meetings. Upon the completion of the
amendment, it will enact and revise subordinate statutes, and form a review committee, as well
as exert other efforts to facilitate the launch of the program in 2020.

| Introducing Military Human Rights Protection Officer | As part of its plans for the
improvement of human rights situations in the military by preventing human rights violations

and providing meaningful remedies, the MND will offer its full cooperation with the introduction
of military human rights protection off icers at the National Human Rights Commission of
Korea and fully support their activities. The MND will actively involve itself in the process

for the required amendment of the National Human Rights Commission Act to ensure early
amendment in collaboration with the other relevant institutions. In addition, to enhance the
human rights protection for servicemembers, the MND will guarantee the authority of human

254 Chapter 6 Instilling a High-Morale Military Culture Trusted by the People