Page 290 - 2020 Defence White Paper

religious beliefs, etc.
On December 28, 2018, to develop a reasonable alternative service program that
strikes a balance between the "obligation to serve in the military" and the "freedom
of conscience", the MND prepared an alternative service legislative bill that includes
36 months joint training at correction facilities and submitted the bill to the National
Assembly on April 2019. Subsequently, on December 31 of the same year, the Act on
the Assignment and Performance of Alternative Service ("Alternative Service Act")
was promulgated, taking effect on January 1, 2020.
In June of the same year, after completing the enactment and revision of statutes
at the lower hierarchical levels such as the Enforcement Decree of the Alternative
Service Act and the organization of a review committee for alternative service, the
committee began its review on July 15 and determined 730 people for assignment to
alternative service by November. In 2020, a total of 106 people have been assigned
to alternative service, and they are currently serving in corrective facilities such as
Daejeon Prison.

3. Military Justice System Reform

Building a Military Justice The MND is pursuing military justice system
System that Guarantees reform to protect servicemembers’ human
Independence and Fairness rights and right to a fair trial, and to improve
19)
Convening authorities the independence and fairness of military
are commanders of the
units where military courts courts and prosecutors. As such, it announced the tasks for military judicial reform
are set up (Article 7 of
the Military Court Act). on February 12, 2018.
They are given the right to
confirm the decisions of To substantially guarantee servicemembers’ right to a trial, the MND decided to
military courts and reduce
stipulated sentences by transfer the jurisdiction over appellate trials to civilian courts. The first-instance
up to one-third in cases
wherein the accused military courts will be located in five areas, and they will report directly to the
committed crimes in
the course of actively MND; the local military courts will be helmed by civilian legal practitioners.
performing their duties,
such as operations, In addition, a decision was made to abolish the convening authorities’ right to
education, and training, confirmation of judgments and the appointment of field officers as lay judges . To
20)
19)
with due diligence (Article
379 of the Military Court ensure the independence of military judges, the MND plans to establish a personnel
Act).
management committee dedicated to military judges for the handling of promotion
20)
A unique feature of a recommendations and reappointment reviews and prohibition of military judges
military trial wherein
field officers who are not from taking other legal positions such as judge advocate or military prosecutor. As
qualified as judges get
appointed as lay judges such, the MND is promoting the revision of the Military Court Act so as to legislate
and try cases along with
military judges. such measures for military judicial reform.

288 2020 Defense White Paper