Page 17 - 2020 Defence White Paper

Special Introduction of Alternative Service Program for
Appendix
03 Military Service Objectors Based on Religious Beliefs, Etc.

1. Background and Progress

In the ROK, more than 500 people on average each year refuse to serve in the military due to their
religious or personal beliefs. Thus, social controversy has continued as they were sentenced to
imprisonment by the court in criminal proceedings.

<Previous Status of Conscientious Objectors due to their Religious Beliefs>
2001 - June 2018 (Unit: year, persons)
2001
379 825 561 755 828 781 571 375 728 721
Total
633 598 623 565 493 557 461 71 10,525

⁙ 99.3% for belief as Jehovah’s Witnesses (10,454) and 0.7% for personal beliefs (71)
⁙ After the Constitutional Court’s decision in June 2018, those who refused to serve in the military have had their enrollment
postponed until the enforcement of the program.

On June 28, 2018, the Constitutional Court of Korea declared that provisions related to Article 5 (1)
(Categories of Military Service) of the Military Service Act are nonconforming to the Constitution in the
1)
judicial review of the constitutionality and adjudication on a constitutional complaint, and on July 16,
2018, led by MND, three institutions-MND, MMA, and the Ministry of Justice-organized an Alternative
Service Task Force to formulate an alternative service program. To design a reasonable alternative
service program that harmonizes "duty of military service" and "freedom of conscience", the TF

First public hearing (October 2018) Second public hearing (December 2018)

1) "As the current categories of military service violate the conscience of objectors due to their religious beliefs, etc. as they
all premise military training, Article 5 (1) of the Military Service Act, which does not prescribe any alternative service
programs for conscientious objectors pursuant to the freedom of conscience under Article 19 of the Constitution of the
Republic of Korea, does not conform to the Constitution; thus, the relevant articles shall be applicable provisionally until
December 31, 2019."

Appendix